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motoxinit · Nov 4, 2008, 01:35 PM

It was a couple days ago when I was pulled over by a cop. Its originally started as a traffic ticket but upon rolling my window down, the officer asked me, "anything i should know about?" I didn't no what to do so rather than lying to him I said yes there was a little pot. Not to mention there was a some on my lap since it was dark out and the cop had to be an idiot if he missed it. He then told me to stick out my tongue. After sticking out my tongue he told me it was green and that meant I'm high. However I had just gotten off work where my fellow employees can vouch saying I wasn't. Anyway after doing all of his tests, walk the line, the finger thing including circle and side to side, the eye flutter test, and the balance test which I passed he gave me a dui he cuffs me and I'm in the back of his car. They drew blood from my arm and had my mom come pick me up. When my mom got there, the officer walked up to my mom and told her that I in fact wasn't impaired and I passed his tests. So then how can I be getting a dui if I wasn't impaired as said by the officer?

this8384 · Nov 4, 2008, 01:53 PM

Did you actually receive a citation saying that you were charged with DUI? Or were you only arrested under the suspicion of DUI?

motoxinit · Nov 4, 2008, 01:55 PM

Hell yea I did section 28-1301-a1 something like that

this8384 · Nov 4, 2008, 01:59 PM

You "did" section 28-1301-a1 or "something like that"? That doesn't make any sense.

Do you have a scheduled court date? If so, what are the charges? If you have physical evidence that you were not operating under the influence, then you can get the charges dropped. But just saying "the cop told my mom..." isn't going to fly in court.

motoxinit · Nov 4, 2008, 02:02 PM

Yes I have a court date, and yes I'm being charged with dui, my question is if I passed his tests and he even told my mom I wasn't high, how am I getting a dui?

this8384 · Nov 4, 2008, 02:08 PM

Please go back and re-read my last post.

You cannot go into court with your only defense being that the officer told your mother that you weren't high. The officer will deny ever saying it, and besides, that's not admissible as evidence of your innocence. The officer doesn't know until the tests come back.

You need physical evidence that you weren't operating under the influence. You can't just have a few of your friends come into court with you saying, "No, I swear he was stone-cold sober!" The judge wants proof.

this8384 · Nov 4, 2008, 02:13 PM

Furthermore, passing a test on the side of the road doesn't mean anything. I had a friend get pulled over and pass all of his road test; then he took a breathalyzer. The cop nearly fell over when he saw his BAC because he couldn't figure out how my friend passed all the other tests being as drunk as he was.

motoxinit · Nov 4, 2008, 02:13 PM

Okay so maybe I don't have enough defense to prove anything I just don't get how I can pass a cops tests, 5 of them, and he can still prick my arm and draw blood.

motoxinit · Nov 4, 2008, 02:16 PM

So basically I'm screwed?

Fr_Chuck · Nov 4, 2008, 02:44 PM

Well to be honest, most impaired people think they pass the tests, but to be blunt, you would not have been cuffed and taken in, if you had passed the tests,

Next police officers lie, to get you to confess, to get your mom to say something.

But it is possibe he was trying to make your life easier going home, and just lied to your mom.

But you would get the ticket from the results of the blood test. If the test results is ot back yet, then if the results say you did not have it in your system they can drop the charges,

So yes you need to have an attorney review the evidence

twinkiedooter · Nov 4, 2008, 02:52 PM

I'm wondering why you were not charged with the "pot in your lap" and your statement of just a little pot to the officer? Did I miss something here or what?

excon · Nov 5, 2008, 06:47 AM

Hello m:

Hire a lawyer. You might NOT be screwed.

excon

motoxinit · Nov 5, 2008, 09:27 AM

Sorry everyone there I didn't fill you guys 100% in. He also charged me with possession of drug paraphernalia, fail to yield from a stop sign, and failure to stay within traffic lane. I'm so glad this is the kind of nation I live in where the cops are such crooks.

excon · Nov 5, 2008, 09:41 AM

Hello again, m:

I don't know. You live in a state where they'll issue you a get out of jail free card for possession of pot, paraphernalia, or driving under the influence. You didn't bother to get one of those... Plus, you didn't have to snitch on yourself, but you did, and you didn't even wait a second. You have the right to NOT say ANYTHING to a cop, but you didn't know that, so you did, and busted yourself. In addition, you have a right to NOT stick out your tongue, but you did anyway.

THEN, all you'd have is a few traffic tickets and we wouldn't be hearing from you. But, you did ALL the things you should NEVER do when confronted with a cop. Nope. You stuck your own knocker in the wringer. You haven't told me anything the cop did that was illegal.

I don't know, Dude. Looks to me like you did a BUNCH of things that got yourself arrested, and you didn't have to DO any of them.

excon

motoxinit · Nov 5, 2008, 09:55 AM

I don't know if you'd say I snitched on myself there was pot in the car and it was quite obvious. I had other in the car that I could have gotten in even more trouble for but cooperation pays off.

this8384 · Nov 5, 2008, 01:12 PM

Originally Posted by motoxinit

..im so glad this is the kind of nation i live in where the cops are such crooks.

... said the pothead. What a joke.

Like ex pointed out, you did a lot of things wrong. And you got caught doing a lot of those things. That doesn't make the cop a crook; it makes you foolish. So you're stuck with your DUI unless your bloodwork comes back clean. Get your head on straight.

motoxinit · Nov 5, 2008, 01:22 PM

Sure it does the cop is a liar so there for he's a crook.

motoxinit · Nov 5, 2008, 01:25 PM

Thanks for your help though fellas you helped me better understand what I did wrong. Next time my windows going down an inch and I'm not saying a word to him not even a hello.

BMI · Nov 5, 2008, 01:27 PM

Hey motoxinit,

I agree with you that the behaviour of some officers is downright deplorable and the tactics they use are unfair and just plain wrong.

However, if you are going to engage in the above mentioned activities that you should be more educated on what happens when these things do happen. By your own admission you would have been in more trouble driving the other car and probably would have assisted the officer in booking you then too.

Be more careful and hopefully you have learned a lesson. No matter how unfair the cop was, it was still your poor decisions.

motoxinit · Nov 5, 2008, 01:34 PM

Thank you BMI your deffinitly a lot more open minded then the rest of these people. I know my choice to smoke pot is wrong and I did learn a valuable lesson, you give a cop and opportunity he will take it. However you really want people like this "protecting and serving our community." I'm off to canada!