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Pulled over for weaving..

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chrisjardine12

Junior Member
Ohio
Hi,
Last night I was pulled over a little after 2am after leaving the club with friends--I saw a police car in the next lane in my mirror so I rushed to turn off my LEDs under my seat because I wasn't sure of the law in Ohio (I live in Michigan, right on the border) and I weaved a tiny bit, but didn't come out of my lane at all. The officer drove past then all of a sudden whipped back around and turned on his lights. I kept driving for MAYBE 7 seconds so I could pull into a well lit gas station. My friend in the back had picked up a girl from the club and they were making out in my back seat, so when the officer's lights went on they got re-situated. Before I could even put my car in park the officer's partner was running up to my car, gun drawn and pointing it at my friend's face asking what she was doing moving around so much and why we waited "so long" to pull over. Meanwhile, the first officer is getting my information. Right off the bat he asked if I had been drinking and I said yes, I had a couple of drinks earlier. They collected all of our licenses and eventually asked me to step out of the vehicle (I assumed for a field-test). He began searching me then got all of my friends out of the car and searched them as well. Now, an officer begins searching my car without even asking my permission. I almost said something but we were just being cooperative, I didn't have anything to hide. At this point I notice there are four different police cars in this tiny gas station and everyone is watching like there's some crazy drug bust or something. I had a partially drank fifth of vodka under my passenger seat (this is what I drank before going into the club four hours earlier) and hardly ANY of it was gone. I wasn't trying to hide it or anything, in Michigan I thought the law was that it couldn't be easily accessed, but I guess in Ohio you can't have it period. Eventually, they allow us back into the car and let my friends go to the bathroom. The first officer gives me a ticket for me to appear in court, citing open alcohol, weaving, and loud music. He then says something along the lines of "I'm not trying to be a dick, but I know you're drunk or at least buzzed so I'm being nice by not giving you a DUI." I almost volunteered to do the sobriety test I thought they were going to give me because I had been completely sober for at least an hour, but I didn't. So now I have to go to court and fight it; I'm not sure if they overstepped their boundaries searching my car without consent and the other officer running up pointing his gun at us. Also, if he's going to cite me for open alcohol and weaving and NOT give me a sobriety test, how will his charges hold up in court? I'm hoping the judge will be alright, we were as cooperative as possible, probably even overly cooperative--when they searched me he was checking my ankles, so I kicked off my shoes and said "look, we aren't trying to hide anything whatsoever". I believe I was originally pulled over for the slight swerve and my music, but does that or me telling them that I had been drinking earlier give them probable cause to search my vehicle or myself and my friends without even asking, especially when I was completely sober? My friend is in school for criminal justice right now and he thinks the judge is just going to throw it out, but I'm not sure...we really weren't doing anything that was illegal; my music was loud and the officer said that was one of his biggest pet peeves so I think the whole thing started over music. I know there's some sort of law or ordinance for it, but this happens EVERYWHERE in Toledo and no one else gets pulled over; and we were also in a business area so I don't think it should be that big of a deal, I don't blast my music in residential areas.

Thanks in advance for any information you can give me. I've never been in trouble before in my life outside of a 5mph speeding ticket and I'm 23, so I've never even been in a court room and I'm nervous!
 


justalayman

Senior Member
You obviously need to review the Michigan law on open containers within your vehicle. Obviously it doesn't apply in this situation but your lack of knowledge could cause you problems in the future:


257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception; definitions.
Sec. 624a.

(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.

(2) A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger.

(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).

(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.

(5) As used in this section:

(a) "Glove compartment" means a recess with a hinged and locking door in the dashboard of a motor vehicle.

(b) "Passenger area" means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.
Stashing it under the seat is definitely illegal in Michigan and in fact, is a misdemeanor

as to the rest: weaving is often a valid basis to pull one over as it often is the result of a drunk driver.

.
Also, if he's going to cite me for open alcohol and weaving and NOT give me a sobriety test, how will his charges hold up in court?
just fine.


The only argument you have to consider is:

was the stop justified. Based on what you have posted, it likely is but you can always attempt to argue it.

was the search legal. In itself, it sounds questionable but if you believe it is invalid, that is something you will have to investigate.
 

Eekamouse

Senior Member
You're going to fight the ticket on what grounds exactly? You DID have an open container in your car. You were blasting your music. You did weave. What exactly are you going to say as a defense?
 

anearthw

Member
Ohio
Also, if he's going to cite me for open alcohol and weaving and NOT give me a sobriety test, how will his charges hold up in court?
Drinking and driving is not "all or nothing". The officer suspected impairment due to weaving, decided that you did not appear intoxicated enough to justify further evaluation, and left you with a going-away present instead. The whole point of pulling you over was to talk to you and determine if you were impaired - evidently he decided you were not. An officer does not issue impairment based solely on a "sobriety test" (perhaps the walk on a line ABCD you are thinking of). Evaluating and testing for impairment is much more comprehensive than that.

You actually got lucky here and fail to realize it.
 

justalayman

Senior Member
You're going to fight the ticket on what grounds exactly? You DID have an open container in your car. You were blasting your music. You did weave. What exactly are you going to say as a defense?
what would be a valid basis for a search of the car? I can think of one, possibly, but the specific facts of the situation are critical to be able to make that argument. From the facts as presented, that argument is not likely to be applicable. In fact, the facts as presented actually suggest there was no valid basis to search the vehicle, even under my cause.
 

chrisjardine12

Junior Member
You're going to fight the ticket on what grounds exactly? You DID have an open container in your car. You were blasting your music. You did weave. What exactly are you going to say as a defense?
I weave a tiny bit, I wasn't WEAVING. I stayed in my lane, didn't cross the white line at all, but I understand that would be just cause to pull me over and talk to me. That's fine, I'm not complaining about that. I just don't understand how it was okay for them to search my car. Everyone was calm and cooperative, no one was acting suspicious. One of the officers even mentioned that his partner overreacted running up with his gun drawn...but I thought they had to ask to search the vehicle? I know that the open alcohol was stupid and I should have remembered to put it in my trunk...I'm just freaking out thinking I'm going to go to jail because I've never been in trouble before in my life, nor do I regularly associate with people who have legal issues. I go to school full time, work full time, and I'm in the process of selling my house. I'd happily pay the maximum fine if they told me I had to, I'm just scared as to what's actually going to happen :/
 

justalayman

Senior Member
are these ordinances as opposed to state law? If so, what is the municipality. From a brief search, it appears they are Toledo ordinances.
 

Eekamouse

Senior Member
I wasn't talking about the search. I was talking about the ticket. He was blasting his music and weaving after leaving a bar and the people in the back seat were moving around suspiciously while he drove further than what the cops expected him to do before pulling over. I think his ticket is probably justified except the cop did find the bottle upon searching his car.
 

justalayman

Senior Member
331.43. Open container prohibite

(4) While operating or being a passenger in or on a motor vehicle on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking.
(4) Open container prohibited. Whoever violates paragraph numbers (b)(1), (b)(2) or (b)(3) of Section 331.43 is guilty of a minor misdemeanor. Whoever violates paragraph numbers (b)(4) or (b)(5) of Section 331.43 is guilty of a misdemeanor of the fourth degree.
331.32. Failure to control; weaving; full time and attention.



(b) No person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.

.

337.34. Loud sound amplification systems prohibited; seizure.

(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.

(b) "Sound amplification system" means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice.

(c) "Plainly audible" means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty feet or more. Measurement standards shall be the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

(d) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2) The vehicle was an emergency or public safety vehicle;

(3) The vehicle was owned and operated by the City or a gas, electric, communications or refuse company;

(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with Section 507.16 of the Code;

(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the City authorized to grant such approval.

(e) Any sound amplification system used in the commission of a violation of Section 337.34 is declared a nuisance and is subject to an order of abatement and forfeiture pursuant to Sections 533.20 and 533.21 of the Municipal Code. Police officers, after observing a violation of this section, are authorized to seize any sound amplification device which is readily removable or motor vehicle containing a sound amplification device operated in violation of the Code, and keep such device and/or motor vehicle pending a judgment of forfeiture or keep such device or motor vehicle as evidence pending the resolution of any criminal complaint filed pursuant to this section.

(f) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second and subsequent offense such person is guilty of a misdemeanor of the fourth degree.

(Ord. 191-03. Passed 3-4-03.)

(1) General classification. Whoever violates any provision of this Traffic Code, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense, within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree. When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that he operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty miles an hour in other portions, or faster than twenty miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the third degree.
Classification of Misdemeanor

Maximum Term of Imprisonment

Maximum Fine

First Degree

Six Months

$1,000.00

Second Degree

90 days

750.00

Third Degree

60 days

500.00

Fourth Degree

30 days

250.00

Minor

No Imprisonment

100.00
so, none of the charges were for arrestable offenses? How does cop justify the search?
 

Just Blue

Senior Member
Ohio
Hi,
Last night I was pulled over a little after 2am after leaving the club with friends--I saw a police car in the next lane in my mirror so I rushed to turn off my LEDs under my seat because I wasn't sure of the law in Ohio (I live in Michigan, right on the border) and I weaved a tiny bit, but didn't come out of my lane at all. The officer drove past then all of a sudden whipped back around and turned on his lights. I kept driving for MAYBE 7 seconds so I could pull into a well lit gas station. My friend in the back had picked up a girl from the club and they were making out in my back seat, so when the officer's lights went on they got re-situated. Before I could even put my car in park the officer's partner was running up to my car, gun drawn and pointing it at my friend's face asking what she was doing moving around so much and why we waited "so long" to pull over. Meanwhile, the first officer is getting my information. Right off the bat he asked if I had been drinking and I said yes, I had a couple of drinks earlier. They collected all of our licenses and eventually asked me to step out of the vehicle (I assumed for a field-test). He began searching me then got all of my friends out of the car and searched them as well. Now, an officer begins searching my car without even asking my permission. I almost said something but we were just being cooperative, I didn't have anything to hide. At this point I notice there are four different police cars in this tiny gas station and everyone is watching like there's some crazy drug bust or something. I had a partially drank fifth of vodka under my passenger seat (this is what I drank before going into the club four hours earlier) and hardly ANY of it was gone. I wasn't trying to hide it or anything, in Michigan I thought the law was that it couldn't be easily accessed, but I guess in Ohio you can't have it period. Eventually, they allow us back into the car and let my friends go to the bathroom. The first officer gives me a ticket for me to appear in court, citing open alcohol, weaving, and loud music. He then says something along the lines of "I'm not trying to be a dick, but I know you're drunk or at least buzzed so I'm being nice by not giving you a DUI." I almost volunteered to do the sobriety test I thought they were going to give me because I had been completely sober for at least an hour, but I didn't. So now I have to go to court and fight it; I'm not sure if they overstepped their boundaries searching my car without consent and the other officer running up pointing his gun at us. Also, if he's going to cite me for open alcohol and weaving and NOT give me a sobriety test, how will his charges hold up in court? I'm hoping the judge will be alright, we were as cooperative as possible, probably even overly cooperative--when they searched me he was checking my ankles, so I kicked off my shoes and said "look, we aren't trying to hide anything whatsoever". I believe I was originally pulled over for the slight swerve and my music, but does that or me telling them that I had been drinking earlier give them probable cause to search my vehicle or myself and my friends without even asking, especially when I was completely sober? My friend is in school for criminal justice right now and he thinks the judge is just going to throw it out, but I'm not sure...we really weren't doing anything that was illegal; my music was loud and the officer said that was one of his biggest pet peeves so I think the whole thing started over music. I know there's some sort of law or ordinance for it, but this happens EVERYWHERE in Toledo and no one else gets pulled over; and we were also in a business area so I don't think it should be that big of a deal, I don't blast my music in residential areas.

Thanks in advance for any information you can give me. I've never been in trouble before in my life outside of a 5mph speeding ticket and I'm 23, so I've never even been in a court room and I'm nervous!
ROTFLMBO!!

Come up with a better "story". :rolleyes:
 

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