Cop saw me but still let me drive.hmmm

[BOADY]

What is the name of your state? Arkansas
Cop says he observed me at quick shop due to a call in.He watched me walk to my car and drive drive off, minutes later he stopped me.He asked me if i had been drinking and like a dumb A*$ I told the truth.I said that i was very ill,had taken a lot fo medicine ,tried to drink some beer earlier but it made me sick.Like a dumb a#* i blew in his portable,he said it wasn't working so i blowed in his partners.It registered .11.He took me in said I wasn't blowing correctly and gave me a refusal to submit and dui.Readout said .09. He failed to show up for court 2 times and wrote dismissed due to no tape at scene.Prosecuter agreed but judge said no.Officer showed up for court 3rd time and prosecutor dropped refusal.I really was sick,really taken alot of nyquil and cold tablets and really had not been drinking.My question is, if I flunked all of his field sobriety tests and couldn't walk straight 2 minutes after he observed me at quick shop,Why did he let me drive.Also i took the medicine about 45 min. before he stopped me.All help will be appreciated.What is the name of your state?What is the name of your state?

[averad]

Taking medicine and driving is one of the deffinitions of DUI.

[CdwJava]

Tell us how much Nyquil you consumed, and I'll tell you if it could come anywhere NEAR .09. (Hint: It's not likely ...)

- Carl

[BigMistakeFl]

I see probable cause in the stop, and don't see much defense here. Just my opinion. The medicine labels are pretty clear about not driving and not mixing with any alcohol, so that part of it won't get you very far. As for why he let you drive, can't answer that. All I know is you didn't have to pay for towing and impoundment.

If you think the charge is unfair, hire a lawyer and negotiate with the prosecution. The judge will not have wiggle room.

[Happy Trails]

Originally Posted by BigMistakeFl

I see probable cause in the stop, and don't see much defense here. Just my opinion. The medicine labels are pretty clear about not driving and not mixing with any alcohol, so that part of it won't get you very far. As for why he let you drive, can't answer that. All I know is you didn't have to pay for towing and impoundment.

If you think the charge is unfair, hire a lawyer and negotiate with the prosecution. The judge will not have wiggle room.

I think the poster means, if he seen him staggering after leaving the store, then why did he let him get into the car?

My question is, if I flunked all of his field sobriety tests and couldn't walk straight 2 minutes after he observed me at quick shop,Why did he let me drive.

It isn't really clear....

----------------------------

A pious woman that goes to my FIL's church, was complaining that Christians shouldn't drink. She just couldn't understand it. My FIL told her, he likes a nip before bed to help him sleep. She told him, that's no excuse to drink, you should try Nyquil, it does wonders....

Originally Posted by Happy Trails

A pious woman that goes to my FIL's church, was complaining that Christians shouldn't drink. She just couldn't understand it. My FIL told her, he likes a nip before bed to help him sleep. She told him, that's no excuse to drink, you should try Nyquil, it does wonders....

i was told once that had God intended us not to drink than that whole water to wine thing would not have happened....

[BOADY]

Thank you all for replying.I had gotten very sick while visiting my brother about 45 miles from my home.I had not eaten anything but a little soup for a couple of days.I can't honestly say exactly how much nyquil,cough syrup and cold pills I had taken.I do know that I was unable to finish 2 cans of beer.Right before I left for home I killed what was left of nyquil thinking it would kick in about the time I made it home.As a matter of fact I stopped at quick shop to get more for next day.I can't understand why the officer didn't approach me while I was on parking lot. If I couldn't walk straight ,why did he let me drive?The only thing he smelled on me was listerene and vicks vapo.And how could I register if I refused to submit?Does anyone know if prescription cough medicine can register on bac test?On top of all this he didnt't even put me in jail.This situation is mind boggling,especially since I haven't drank a total of 12 beers and no other alcohol in the past year.I need to beat this thing by any means possible,short of lying.Thanks in advance for any help or suggestions.

[Happy Trails]

Originally Posted by BOADY

Thank you all for replying.I had gotten very sick while visiting my brother about 45 miles from my home.I had not eaten anything but a little soup for a couple of days.I can't honestly say exactly how much nyquil,cough syrup and cold pills I had taken.I do know that I was unable to finish 2 cans of beer.Right before I left for home I killed what was left of nyquil thinking it would kick in about the time I made it home.As a matter of fact I stopped at quick shop to get more for next day.I can't understand why the officer didn't approach me while I was on parking lot. If I couldn't walk straight ,why did he let me drive?The only thing he smelled on me was listerene and vicks vapo.And how could I register if I refused to submit?Does anyone know if prescription cough medicine can register on bac test?On top of all this he didnt't even put me in jail.This situation is mind boggling,especially since I haven't drank a total of 12 beers and no other alcohol in the past year.I need to beat this thing by any means possible,short of lying.Thanks in advance for any help or suggestions.

The thing is, you blew a .11 and then a .09. Nyquil's percentage of alcohol is 25%. Then with the cold pills and cough syrup on top of that, I can't see how you wouldn't be driving under the influence.

See link: [URL="http://www.onlineconversion.com/bac.htm"]Blood-Alcohol Content Calculator [/URL]

[BOADY]

Thank You for replying.I appreciate what you are saying,however I have taken nyquil, very potent cough syrup etc: and I have been drunk on liquor.My actions,behavior and motor skills when drinking are in no way similar.Also I would have stayed in bed at brothers if not for having to make it home to stay with 89 year old mother that requires 24-7 care.I fully intend to inform the judge of all this plus more.Any opinions on how the judge will see it.

[CdwJava]

A couple tablespoons of Nyquil as well as a couple tablespoons of most prescription cough medicines will NOT result in a .09 BAC.

Plus, unless the officer saw you stumble out, he had no grounds to take you in for public intoxication - he may have had no option but to wait to observe the driving. It would certainly be best to prevent you from driving if he knew you were impaired, but there is no requirement that they stop you before driving ... it might be wise, but not required.

- Carl

[Happy Trails]

Originally Posted by BOADY

Thank You for replying.I appreciate what you are saying,however I have taken nyquil, very potent cough syrup etc: and I have been drunk on liquor.My actions,behavior and motor skills when drinking are in no way similar.Also I would have stayed in bed at brothers if not for having to make it home to stay with 89 year old mother that requires 24-7 care.I fully intend to inform the judge of all this plus more.Any opinions on how the judge will see it.

The judge is going to see you as driving impaired, whether it was due to medications you were taking or drinking Jack Daniels.

Go back and read BigMistakeFl's post and do as he has suggested.

Get a lawyer and see if a deal can be made.

[Happy Trails]

Originally Posted by CdwJava

A couple tablespoons of Nyquil as well as a couple tablespoons of most prescription cough medicines will NOT result in a .09 BAC.

Plus, unless the officer saw you stumble out, he had no grounds to take you in for public intoxication - he may have had no option but to wait to observe the driving. It would certainly be best to prevent you from driving if he knew you were impaired, but there is no requirement that they stop you before driving ... it might be wise, but not required.

- Carl

Carl, I have seen college kids get sick and think that Nyquil is harmless, and they disregard the recommended dosage (it's just medicine, mom used to give it to me). They start sipping on it and start feeling better and don't know when to quit. If he downed a 10 oz. bottle in less than two hours, well depending on his weight..... If he is 150# and consumed that bottle in two hours, he would be at .09.

I'm not saying this poster did that, but I think the beer was also a factor.

[CdwJava]

Originally Posted by Happy Trails

Carl, I have seen college kids get sick and think that Nyquil is harmless to take and they disregard the recommended dosage (it's just medicine, mom used to give it to me). They start sipping on it and start feeling better and don't know when to quit. If he downed a 10 oz. bottle in less than an two hours, well depending on his weight..... If he is 150# and consumed that bottle in two hours, he would be at .09.

That's why I was asking how much he took. Every time people have blamed Nyquil or cold medicine for their DUI (not a legal excuse iun any event), they have claimed to take MAYBE two or three of those little cups full ... i.e. 6 tablespoons - not enough to make a big BAC dent and certainly not .08 or higher. It is only after I point out how much they would have had to consume to get there that they change the tale, "Oh ... yeah ... I drank the whole thing!"

Then there are the idiot high schoolers that view it as a nifty way to get ripped ...

Frankly, I'd heave before I could get TWO cupfuls down!

- Carl

[BOADY]

You all have very good points and opinions..Lets rewind a second and maybe I will get to the bottom of this.#1Officer alledgedly gets a call saying car was all over the road.#2 Officer locates vehicle and observes me walking, entering vehicle and driving off{I saw police car at quick shop}.#3 Pulls me over.#4 I agreed to heel to toe & finger to nose while being taped.#5 I blow in to his breath thing and He says his doesn't work. #6 another officer arrives and I blow in to his and bingo his works.#7says im not blowing correctly at jail and gives me A refusal to submit and dui.#8 second officer leaves jail and then suddenly first officer says i can call for ride and go home.{what no drunk tank for dui???}#9 officer fails to appear 2 times and wants to dismiss because he says it wasn't taped.#10 judge forces him to appear on third go around and he and prosecutor drop refusal to submit.So all of a sudden I did not refuse and machine is working perfectly and .09 is correct.now i get to give up a whole lot of money and blemish my record for being sick and trying to get home.Surely someone can help.I wonder what would happen if I tell them I'm going to media with this.