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Driver passed breathalizer passengers failed

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wrongaction

Guest
What is the name of your state? Indiana, I was the designated driver and I went to pick up some of my friends at a party and they are underage. Pulling out of the party a state trooper pulls me over (the reason was because one of my plate lights was out) and him and his partner get out and the first thing they said was have you all been drinking tonight because if you tell us the truth we won't take you to jail. And of course I said no, but the guy riding passenger was scared and said yes. So they made us all get out of the car and take breathalizers and of course the 5 people I was driving back got illegal consumptions. They had no suspesion that there was alcohol in the car, for the sake of my friends I was just wondering how my plate light could lead them into thinking we were all drunk. I was the sober driver and I can honestly say that the car didnt not smell like alcohol. I was issued a warning for my plate light. thanks
 
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stephenk

Senior Member
the broken tail light was just to pull you over. Probably when the officer walked up to the car, the overwhelming smell of alcohol gave him a slight suspicion that someone had been drinking.
 
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Son_of_Spam

Guest
Did you get a ticket for the light? If not, it's becouse they're looking to pull you over agin.
 

Bravo8

Member
"Did you get a ticket for the light? If not, it's becouse they're looking to pull you over agin."

That's moronic. :rolleyes:
 
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Son_of_Spam

Guest
Bravo8 said:

That's moronic. :rolleyes:
So you'e drivin' down the road, with expired reg. tag, dose the man pull you over? If you look like you may be a criminal, it could depend on if it looks like you may be up to something. If it looks like you wouldn't be doing anything wrong, the stop will be postponed untill later. Leaving the excuse to pull you over shinning in their headlights.

Not moronic, just common sence.
 

stephenk

Senior Member
Okay, I'll play. How does the officer know the car with the expired tags is going to come back through that area in the future?
 
L

loocpoc

Guest
Son_of_Spam said:
So you'e drivin' down the road, with expired reg. tag, dose the man pull you over? If you look like you may be a criminal, it could depend on if it looks like you may be up to something. If it looks like you wouldn't be doing anything wrong, the stop will be postponed untill later. Leaving the excuse to pull you over shinning in their headlights.

Not moronic, just common sence.
First off, I think you need spell check. Second off, as a former patrol officer, yes it is very possible to get pulled over for an expired registration on the tag. It is an officer's duty to enforce the law as they see fit, some officers like to ticket for the most minor infraction those might choose not to.

Know to the orginal question, you were pulled over for a broken license plate light. In all 50 states that is an equipment violation and a safety violation, so it seems as if the ISP had probable cause to pull you over. If an officer smelled alcohol within any of the occupants and feels he has REASONABLE SUSPICION that your occupants are underage, then he may pull them out of the vehicle. There is also the safety factor of 1 or 2 troopers against 4-5 suspects. If it was determined that your occupants were underaged (through a license check etc..) then the officer may ask to take the tests if your state has a zero tolarence law (which I belive Indiana does). You did not take a breathalyzer, you took a PBST, which is inadmissable in most courts of law without the use of FST's (field sobriety tests).

It seems your occupants were cited for underage consumption of alcohol and you were released with a warning. It doesnt seem like there was any harm to you. My suggestion is to not worry about it and move on.
 
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Son_of_Spam

Guest
stephenk said:
Okay, I'll play. How does the officer know the car with the expired tags is going to come back through that area in the future?
Doesn't have to come back to be affective. The excuse is left for another officer. Obviously not loocpoc though, he don't get it.
 
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loocpoc

Guest
Son_of_Spam said:
Doesn't have to come back to be affective. The excuse is left for another officer. Obviously not loocpoc though, he don't get it.
Please define the word "affective". Please tell me your not another dumbsh*t on the internet looking to make a name.
 

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