DUI/DWI Arrest in New Orleans 8/22

[rayray1017]

What is the name of your state? Louisiana

Hi, i am 23 years old and believe that I was arrested illegally for several different reasons. I am a senior in college from Houston, Texas and have never been in jail nor have I ever had a DWI or DUI.

I was in new orleans, visiting my girlfriend whom lives and works there. We go out to get dinner and have a few drinks and decide to head home. We made it almost home(about 250 yards away) and were driving down a two way street with a esplanade in the center when I noted that there was a police car driving towards my direction in the opposing lane. The policecar keeps on going, without any appearance of slowing down and does not turn on his lights/siren. I keep driving all the way to her house, pull into the driveway, and get out of the car to walk to the house when the same cop car pulls perpendicular to the driveway, and turns on his lights. Over the loudspeaker they ask me to come to them with my DL and registration in hand. Well, to what I now regret, I did what they asked and walked up to the police cruiser. The officer tells me that I had been speeding, traveling 47 in a 35. Now that would seem plausible enough to most people, however, this IS simply NOT the case. The car I was driving, my girlfriends, was a mini cooper, and the road that she lives off of, like most in Uptown New Orleans, is in pitiful condition. There is NO POSSIBLE WAY that I could drive that car down that road at that speed without damaging the car due to the nature of the suspension. My daily driver is a 05 f-150 4x4 and when I have driven it to visit her, I could never even dream of traveling that fast down that road due to the poor road conditions. To even strengthen my assertion that this car could not go that fast down that road even more, I tried driving her car (the mini cooper) down that particular stretch of road less than an hour ago with the girlfriend in the car and drew the same conclusions. There is no way in hell that I would drive that car at that speed down that portion of road. Essentially, what I am trying to ask is can I be arrested for suspected DUI/DWI when I was outside of the vehicle with the keys outside of the vehicle (so the car was off) before any police car showed up??? Please help me because I blew over the legal limit and am trying to find any angle in which to fight this.
Sincerely,
rayWhat is the name of your state?

[SillyPuddy]

You didn't mention what time you were out driving. If it's after midnite and visually it appears you're speeding police officers are going to check you out. That's a given. They don't work the night shift because they don't care about public safety. Now the officer comming at you would have had to have a radar mounted in his/her car to get your speed. Or, perhaps there was another officer in the area that had radar, who knows.

While I can believe an officer would make something up if he/he feels it's necessary for public saftey, it's hard for me to believe the 47 mph came out of thin air.

As far as getting arrested for a DUI goes, this all ended up with you blowing above the legal limit while you were witnessed driving within a time limit that it was highly likely your BAC was at that level. With DUI, how you ended up arrested is irrelevant. What they care about is that you were arrested.