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Jason8676
Feb 19, 2008, 12:38 AM
Hello,
Several years ago I was arrested for reckless driving. Basically, I was so tired that I could barely stay awake. Therefore, I was weaving all over the highway. To the best of my recollection, my car weaved onto the outer shoulder and then I regained alertness. Then, I weaved into the passing lane, almost going into the grass median. Drugs or alcohol were not a factor, just sleep deprivation. I only had one hour of sleep that night and was enroute to my sidejob at the time, a paper route. A police van trailed me for several miles until finally pulling me over. I remember having a "smart-alec" attitude with the officer, saying to him upon rolling down my window, "Yes, I know. You think I'm some damn drunk." I produced my license but was lacking my registration and proof of insurance. For some reason, I failed to put the documents in my glovebox, thinking nothing would happen. Next thing I know, I'm asked to do a field sobriety test. I was so exhausted and nervous that my reaction was spotty at best.. The officer lectured me on the dangers of driving while sleepy but I insisted that I had to get to my job. I told him that I've had drowsy spells before but I can snap out of it. A back-up officer arrived on the scene and started making small talk with me. Then, to my chagrin, I am being handcuffed. To make a long story short, I've had no prior criminal record. At that, I've never had so much as a drop of an alcoholic beverage and have been drug free for all my life. This was one of the most humiliating incidences in my life. To top it off, I was booked, photographed, and forced to wait in the passive inmate intake area until someone bailed me out for $100.00. Was law enforcement within their bounds or can I file a complaint for the arrest. Do I have a criminal record now because of this? This happened back in 2004 but to this day it haunts me to no end. Thanks, Jason

Clough
Feb 19, 2008, 01:41 AM
It would help to know what country you were in at the time this happened in order to provide the best answers for you.

Jason8676
Feb 19, 2008, 03:00 AM
Clough,
Thanks for your reply. This happened in the United States-Kentucky to be exact. Some people in my family think the incident is funny now, but I still have nightmares from time to time. I did not find anything about the arrest amusing and it still infuriates me to this day. I plead guilty to the charge and paid the fine. I admit that my driving was reckless, but what leaves me upset is why I was treated like a criminal that morning. I had no intention of harming anybody, I was just tired but knew I had a job to do. At the time, I felt that not showing up for my job, no matter how insignificant it was, just because I was exhausted, was a lame excuse. I don't understand why the officer didn't take a different approach in handling this. I was sort of rude to the officer, but keep in mind I had about an hour of sleep, it was 4:00 in the morning, and I was upset because I had to get to my job. Maybe he was doing what he was trained to do. But I don't see the necessity of putting me in handcuffs, putting me in the back of a police van, frisking me upon intake, taking my picture(which could be accessed on the internet for several months afterward), and costing me several hours of my time(not to mention the cost I had to absorb to pay the newspaper back for having one of their field managers
Deliver my route-almost $200.00). Like I said, I've never had a record. Sure, I've had traffic tickets but I paid my fines and went on with life. The offense doesn't even figure into my auto insurance premium anymore but I'm worried that I have a record now since I was arrested. I feel a ticket and fine was justified for the erratic driving, having no proof of insurance and no registration(which I had both documents at home and produced them in court), but the arrest still leaves a bad taste in my mouth. Thanks, Jason

excon
Feb 19, 2008, 03:52 AM
Hello j:

You have a driving offense - NOT a criminal record.

The arrest leaves a bad taste in your mouth?? Maybe you shouldn't be rude and maybe you should have all your required documentation. Look, I hate cops, but I don't think they did anything wrong to you...

excon

blackblue
Jul 13, 2008, 04:04 PM
For future reference... if you are tired don't drive! Even if you do not have intentions of hurting yourself or anybody else on the road(which I don't think you did) you can still kill people or yourself.