The person may destroy or conceal evidence of the crime unless immediately arrested.Thus

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UNLAWFUL ARRESTThough not expressly stated in VC ���13353(c)(2) or 13557(b)(2)(B), other statutes and case authority establish that what is actually required in a DMV administrative per se hearing as a result of a California DUI arrest is proof that the person was ��lawfully�� arrested.(See, VC ��23612(a); Mercer v. DMV (1991) 53 C3d 753, 280 CR 745; Gikas v. Zolin (1993) 6 C4th 841, 25 CR2d 500; and Lake v. Reed (1997) 16C4th 448, 65 CR2d 860.)A. What Constitutes an Arrest?An officer��s use of ��magic words�� is not the sole basis for determining whether an arrest has occurred��the trier of fact must look to the essential elements of custody, Ormonde v. DMV (1981) 117 CA3d 889, 173 CR 79, and distinguish between a temporary detention and a formalarrest. (See People v. Freund (1975) 48 CA3d 49, 119 CR 762 �C defendants arrested when they were placed in the back of a patrol car whilepolice obtained a search warrant, even though officer said arrest took place after the search).Where an arrest does take place, the timing of it is determined by looking to the essential elements of taking the arrestee into custody and actual restraint or submission to custody. (See, People v. Parker (1978) 85 CA3d 439, 443 and Green v. DMV (1977) 68 CA3d 536.) B. Penal Code ��836Application of PC ��836 to drunk driving cases nearly always involves a question of whether or not the defendant��s activities witnessed by the arresting officer (or other appropriate person) amounted to the act of ��driving�� as it is defined for these purposes.As for what acts constitute ��driving,�� the California Supreme Court cleared up a lot of confusion with the decision in Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, holding that proof of ��driving,�� in the presence of the arresting officer, requires proof that the arresting officerwitnessed volitional movement of the vehicle by the defendant. Thus, the Supreme Court held that if the vehicle isn��t observed moving,i.e., rolling, then it isn��t being driven. Sister state statutes generally prohibit ��driving�� or ��operating�� a motor vehicle while underthe influence of alcohol, and some prohibit both (e.g., Florida). In order to operate a motor vehicle one does not have to actually movethe car. California, however, has a ��driving�� only statute, and as Mercer points out, this requires actual movement of the vehicle.C. Circumstantial Evidence of Driving��Arrest IllegalArrest Illegal: The continuing validity of several presence-by-circumstantial-evidence decisions is in doubt in light of the Supreme Court��s decision in Mercer, wherein the court said:Because Penal Code section 836, subdivision 1, provides that a warrantless misdemeanor arrest is permissible only if a public offense occurs in the arresting officer��s ��presence,�� and because the officer in this case did not see Mercer��s vehicle move, we conclude Mercer was not��lawfully arrested�� for a violation of section 23152(a) and thus cannot be subjected to the license revocation provisions of sections 23157and 13353 as presently written.In Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, the court said:We emphasize at the outset the narrow scope of our inquiry and holding. We do not hold that observed movement of a vehicle is necessary to support a conviction for ��drunk driving�� under ��23152. The lower courts have routinely upheld such convictions in the absence of evidence ofobserved movement of a vehicle. [Citation.] Nothing in this opinion calls in question the holdings of these cases.Presumably, this situation (no presence at offense but charges filed anyway) might come about where no one was present for the offense and the respondent was arrested later on a warrant.D. Cops and Private CitizensFreeman v. DMV (1969) 70 C2d 235, 74 CR 259, also made it clear that a misdemeanor arrest is legal under PC. ��836, so long as the offense occurred in the presence of someone, even a private citizen, and so long as that person either makes a citizen��s arrest, or tries to, ordetains the offender until police arrive. The private citizen has to do more than just call the police and hang around to tell them whathappened. The Freeman Court said, at page 238: In People v. Sjosten, 262 CA2d 539, 68 CR 832 (Cal. App. 1st Dist. 1968) justin bieber purple shoes for sale, rev. den., a citizen observed the defendant prowling in the night time and called the police, who thereupon arrested the defendant. After holding that the citizen had the right to make an arrest under ��837,subdivision 1, of the Penal Code, [footnote quoting language of section] the Court held that the arrest made by the officer was valid,stating at page 544: As to the delegation of her authority to another person Supra Skytop III, ��839 of the Penal Code provides: ��Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.�� This statute impliedly authorizes the delegation of the physical act of taking anoffender into custody.In People v. Harris, (1967) 256 CA2d 455, 63 CR 849, a citizen, who had observed the defendant commit a misdemeanor ��hit-run�� violation, pursued the defendant and detained him while another person went for the police. After the defendant was delivered to a police officer, thelatter informed him that he was under arrest for the ��hit-run�� violation. In discussing the effect of the police officer��s assuming custodyof the defendant after his detention by the citizen, the Court of Appeal stated: ��An arrest is more than a transient momentary incident. Itcontinues through a transfer of custody of the accused from a citizen to a peace officer.�� (Harris, at p. 459-460.)Similarly, the arrest made by CHP officer __________ in this case was a ��transient momentary incident,�� which, evidently, had its beginning in the action taken by the officer when he received some dispatch call regarding a certain driver. In other words, the initial detentionand subsequent arrest by officer ___________ was based upon nothing other than some dispatch call to the officer. Likewise, in People v. Walker, 203 CA2d 552, 21 CR 692, the arresting officer gave the defendant some sobriety tests and concluded he was under the influence of alcohol. The officer had not seen the defendant commit the alleged offense of drunk driving, and the arrest wastherefore determined to be unlawful. Other persons at the scene told the officer that the defendant��s car had been weaving from one side ofthe road to the other before it collided with a parked car and came to a stop; but it does not appear that anyone had sought to make acitizen��s arrest or detain the offender until the police arrived or, as occurred in the present case, that another officer had witnessed theoffender��s actions and ��stopped�� him. In direct response to the holding in Freeman, police frequently have the citizen request the arrest,and do so in writing.In Padilla v. Meese (1986) 184 CA3d 1022, 229 CR 310, an implied consent hearing case, an agricultural inspection station attendant made a legal citizen��s arrest for drunk driving in his presence. The police officer merely took the defendant into custody for him.In Johanson v. DMV (1995) 36 CA4th 1209, 43 CR2d 42, a citizen��s drunk driving arrest was found legal even though the citizen hadn��t explicitly stated that the arrest was for drunk driving. In People v. Campbell (1972) 27 CA3d 849, 104 CR 118, the Court said:A private person may arrest another for ��a public offense committed or attempted in his presence�� (Pen. C. ��837). The term ��public offense�� includes misdemeanors (Pen. C. ���15 and 17; Burks v. U.S., 287 F.2d 117; People v. Sjosten , 262 Cal.App.2d 539, 543, 68 Cal.Rptr. 832) andthe person making the arrest may summon others to aid him in the arrest (Pen. C. ��839). Although there was evidence that Greenwood himselftook defendant into custody, Greenwood also had the right to delegate ��the physical act of taking an offender into custody�� to the otherpersons summoned, Officer Johnson and Mr. Frazier (People v. Sjosten, supra, p. 544; People v. Wolfgang, (1923) 192 Cal. 754 JB shoes, 221 P. 907). Nor under the circumstances of immediate pursuit was Greenwood required to tell defendant that he was under arrest (Pen. C. ��841; People v. Harris, 256 Cal.App.2d 455, 459, 63 Cal.Rptr. 849 (Cal. App. 1st Dist. 1967)). We conclude that defendant was legally arrested by Greenwoodwith the aid of Officers Johnson and Frazier.E. Admission of Driving Doesn��t Create PresenceAlthough there is no admission here, the defendant��s admission of driving is no more relevant to whether or not the offense was committed in the presence of the arresting officer than was his alleged ��subjective failure�� of the field sobriety tests. Hence, the ��driving in thepresence�� requirement cannot have been accomplished here as is specifically and statutorily required by PC ��836. Conversely, however, isthe fact that a respondent��s admission can establish the fact that an accident occurred, which constitutes a statutory exception to thepresence requirement (See, Corrigan v. Zolin (1996) 47 CA4th 230, 54 CR2d 634 and VC ��40300.5(a)).F. No Vehicle Code Exception To Officer��s Presence Is ApplicableThe only exceptions to the ��presence�� requirement under PC ��836 for a DUI arrest are found in VC ��40300.5, of which none are applicable to the case at bar. VC ��40300.5 states as follows: 40300.5. In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists: (a) The person is involved in a traffic accident.(b) The person is observed in or about a vehicle that is obstructing a roadway.(c) The person will not be apprehended unless immediately arrested.(d) The person may cause injury to himself or herself or damage property unless immediately arrested.(e) The person may destroy or conceal evidence of the crime unless immediately arrested.Thus, for example, where a peace officer (having probable cause) could arrest a person for misdemeanor driving under the influence of alcohol or drugs not committed in the officer's presence where evidence could be destroyed unless the person was immediately arrested, VC��40300.5(e) created an exception to the presence requirement of PC ��836, because evidence could be destroyed by the simple passage of timeunless the person was immediately arrested. However, this did not authorize a peace officer to forcibly enter a residence to effect such anarrest. [See, People v. Schofield (2001) 90 CA4th 968, 109 CR2d 429.]

When I first started investing and trading in the FX markets, shortly after they were deregulated in 1997 permitting private investors into the once privileged sphere of influence of the mega international monetary firms, I used to dream of the day we would have Forex trading software specifically designed and developed for the task. At that time, after I researched the date I needed for the day I had to all my calculations by hand or with the help of a calculator or spreadsheet. The first currency trading systems available to the private investors, left a little something to be desired, to put it politely. But, as more and more people from all over the world have joined the foreign exchange; the potential for profits for the software engineers that invented these products exploded and the increase in efficiency and effectiveness of the software quickly followed suit. Thank goodness, because the industry certainly needed it, as did I. There are literally hundreds of Forex trading systems on the market today. Out of those, a handful are worth the price you pay for them. From that select few, there are a few that are real money makers and are worth more than anything you could pay for them. But, how is a novice investor supposed to know that? Are they required to test them all?Of course not, there are websites run by professional currency traders that have already researched, tested and review the best of the best Forex trading software for you. The systems I use everyday to invest and trade with are the following, Fap Turbo, Supra Forex and Forex Funnel. It does not take long to check them out on there sites and see if one of these items might be in your future. After all, it could mean a whole new meaning to the words of "Financial Stability" for you, it is worth the time it takes to read what they have to say.

You might as well face the facts, which are if you really want to make money in the currency markets for an extended period and bring them home on a regular basis you better have a great Forex trading software system. All the people and institution you will be competing with have them, are you going to go into battle without all the possible great weapons you can put at your disposal? I hope not.The FX markets are a battle for sure. There is always one winner and one loser in each currency transaction. One person makes money and person losses money. Which to you want to be? The other investors are all trying to take your money and guess what, you are trying to take there's. There is nothing a professional currency trader and investor likes better than novice traders and investors to come into the market unprepared for the war they are about to encounter. There eyes get all glossy and a smile comes over there faces as they realize they have a new duck sitting in a row waiting to be picked dry.With the exception of learning Forex trading from the ground floor up, the number one reason people fail in the currency markets is they don't possess the tools they need to succeed. Now and in the foreseeable future, the best tools to help investors make money are a top rated currency trading system.Nothing in the world produces more data on a daily basis than the currency markets. Those statistics need to be captured, collated and evaluated in a timely fashion for the relevance to help with trading and investing decisions. It is simply not humanly possible to do this by hand and still remain competitive. My favorite Forex trading software systems which I use everyday to dominate the FX markets are the following; Fap Turbo, Forex Funnel, Supra Forex and Forex Trend Systems. It only takes a little while to research these products with the internet and who knows; maybe it could be the best move you have ever made. Let's hope so anyway, for you sake.

If you plan on participating in the Forex markets and making any money at it you better have a top rated currency software trading system and completely understand how to use it. This is not even a debatable point for the following reasons. There is nothing in the world that produces more critical data that is required for making intelligent investment and trading decisions than the FX markets. These statistics first need to be captured, then collated and finally evaluated on the relevance that pertains to a particular currency. It is simply not humanly possible to do this manually efficiently enough to be on the cutting edge of an investment opportunity. You have heard the old saying, "The early bird catches the worm." This certainly applies to the Forex markets at the highest level. In other words, the first one in on a profitable trade and the first one out when that trade begins to turn; is the one that makes the most money.I have first hand experience of trying to manually evaluate trading opportunities. I have been in the markets almost since they became deregulated in 1997. This was when private investors were first allowed in the little money making market that the large international banks and brokerage firms attempted to keep to themselves. I used to do my calculations with a calculator or a spreadsheet. At that time I used to dream of having a dedicated software system specifically designed for the purpose of helping me evaluating trading opportunities. When the first system hit the market, they were simply not sufficient to say the least. Since then, these products have gone numerous improvements, enhancements and upgrades staying up to date on the latest and most sophisticated trading and investing methods. A few of my favorite currency software trading systems that I utilize every day are the following; Fap Turbo, Forex Funnel, Supra Forex and Forex Trend Systems. These are the best of the best products on the markets that are all on the cutting edge of investment strategies. It does not take long to research these systems for yourself and see what you think. If you really are serious about making money in the markets, then one or more of these products will certainly put you in the right direction

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