InTroubleCA
Junior Member
What is the name of your state? California
Hello and thank you for reading my post. Yesterday morning I received my first DUI. My story goes like this, Friday night I was hanging out with friends at a local pub and had a couple of pints of beer. When the place closed we left and went to one of my friends house. I hung out there for at least an hour, didn't have anything more to drink while I was there mind you, then headed straight home. While I was atleast 5 blocks from my house I had notice a police car in the lane left of mine tailing another vehicle. I looked down at my speedometer to make sure I was not speeding and then continued on home. I then made a turn onto a side street right next to my house, got out of my car and noticed the officer pull up behind my car with his lights off. As I continue to head toward my home he then opened his door and shouted at me to stop. So I did. He asked me where I was coming from, I told him. He asked me if I had anything to drink, I said a couple of beers. He then told me that he was going to take me in and proceed to cuff me.
When we arrived at the station he cuffed me to a bench and began to do some paper work. After he was done he had another officer come in. They gave me a sobriety test, which I know I did all of them fine. They sat me on the bench again. About a 1/2 hr later another officer came in to give a breath test. I had notice that this officer had a patch on his jacket that was a school police officer badge from the local community college. He took the test then left. The arresting officer told me that my breath test was a .12., which I belive had to have been wrong.
It all ended up with me in the "drunk tank" for" nine hours. The arresting officer told me that he was getting me for a dui, 21658(a)vc Lane straddling and 22350 vc unsafe speed. Lane straddling? Unsafe speed? I know I was not speeding. If I was speeding, why didn't he pull me over when he was driving next to me 5 blocks before? I think he just had to add on these things in order for it to seem like he had a probable cause for stopping me.
My questions are, did he have a right to stop me as I left my vehicle and he just pulled up seconds afterwards? Shouldn't the sobriety test have be taken at the time of arrest and not 1/2hr later. I really believe I was falsly accused, but what can I do when it's the officers word against mine?
Hello and thank you for reading my post. Yesterday morning I received my first DUI. My story goes like this, Friday night I was hanging out with friends at a local pub and had a couple of pints of beer. When the place closed we left and went to one of my friends house. I hung out there for at least an hour, didn't have anything more to drink while I was there mind you, then headed straight home. While I was atleast 5 blocks from my house I had notice a police car in the lane left of mine tailing another vehicle. I looked down at my speedometer to make sure I was not speeding and then continued on home. I then made a turn onto a side street right next to my house, got out of my car and noticed the officer pull up behind my car with his lights off. As I continue to head toward my home he then opened his door and shouted at me to stop. So I did. He asked me where I was coming from, I told him. He asked me if I had anything to drink, I said a couple of beers. He then told me that he was going to take me in and proceed to cuff me.
When we arrived at the station he cuffed me to a bench and began to do some paper work. After he was done he had another officer come in. They gave me a sobriety test, which I know I did all of them fine. They sat me on the bench again. About a 1/2 hr later another officer came in to give a breath test. I had notice that this officer had a patch on his jacket that was a school police officer badge from the local community college. He took the test then left. The arresting officer told me that my breath test was a .12., which I belive had to have been wrong.
It all ended up with me in the "drunk tank" for" nine hours. The arresting officer told me that he was getting me for a dui, 21658(a)vc Lane straddling and 22350 vc unsafe speed. Lane straddling? Unsafe speed? I know I was not speeding. If I was speeding, why didn't he pull me over when he was driving next to me 5 blocks before? I think he just had to add on these things in order for it to seem like he had a probable cause for stopping me.
My questions are, did he have a right to stop me as I left my vehicle and he just pulled up seconds afterwards? Shouldn't the sobriety test have be taken at the time of arrest and not 1/2hr later. I really believe I was falsly accused, but what can I do when it's the officers word against mine?