DUI and other assorted violations

[desade]

What is the name of your state (only U.S. law)? Indiana

I was pulled over for DUI, I was only blocks from my home. The officer said he stopped me for not using a turn signal themn noticed my cold 30 pack of busch light sitting in the passenger floorboard. He asked me if I had been drinking and I said no and then he noticed some beer cans and a vodka bottle in the backseat of my car. He said are you sure and I told him it was froma time earlier and the beer was later tonight when I got my date home, she had the 30 pack riding in the floor board between her feet. The officer asked me if I could take some sobriety tests and I said why not? It sounded like fun. Well, to make a long story short, I failed the test but I explained to him I had drank some nyquil earlier and had an inner ear infection. So, sure, I was a little woozy. Anyway, he made me take a breathaklyzer and I failed but I think it might have been faulty. He arrested me and charged me with DUI, open container and contributing to a minor because my date was 17 and she was ripped drunk. Anyway, I was taken to the police station and booked and released the next day. My car was impounded and my date, Suzie, was released to her parents. I really don't want this on my record, I own a business here in the area. Anyway should I question the breathalyzer as faulty or charge the police with abuse as one threatened to tazer me. I really wasn't drunk I just had a beer, Suzie was the one swigging away, after all when teens drink you know how it goes that's why I don't allow my kids to drink. Any advice would be helpful. thanks in advance.

[ERAUPIKE]

Originally Posted by desade

What is the name of your state (only U.S. law)? Indiana

I was pulled over for DUI, I was only blocks from my home. The officer said he stopped me for not using a turn signal themn noticed my cold 30 pack of busch light sitting in the passenger floorboard. He asked me if I had been drinking and I said no and then he noticed some beer cans and a vodka bottle in the backseat of my car. He said are you sure and I told him it was froma time earlier and the beer was later tonight when I got my date home, she had the 30 pack riding in the floor board between her feet. The officer asked me if I could take some sobriety tests and I said why not? It sounded like fun. Well, to make a long story short, I failed the test but I explained to him I had drank some nyquil earlier and had an inner ear infection. So, sure, I was a little woozy. Anyway, he made me take a breathaklyzer and I failed but I think it might have been faulty. He arrested me and charged me with DUI, open container and contributing to a minor because my date was 17 and she was ripped drunk. Anyway, I was taken to the police station and booked and released the next day. My car was impounded and my date, Suzie, was released to her parents. I really don't want this on my record, I own a business here in the area. Anyway should I question the breathalyzer as faulty or charge the police with abuse as one threatened to tazer me. I really wasn't drunk I just had a beer, Suzie was the one swigging away, after all when teens drink you know how it goes that's why I don't allow my kids to drink. Any advice would be helpful. thanks in advance.

This is wrong on so many levels. I can't wait to see what the other members of this forum think of your post. Just for clarification could you post your age? Why do you think the PBT was faulty? Why did the officer threaten to tase you?

[FlyingRon]

You can get a DUI for drinking NyQuil too. The law doesn't distinguish.
There are warnings right there on the bottle.

You were driving around with open containers and a drunk minor "date" and you feel the "contributing" charge is bogus? If you are going to "date" children you are going to be responsible for what they do in your company? It's fine that you don't let your own kids drink (I hope you didn't "date" any of them as well).

Did you get a blood/breath test after your arrest?

Threatening to taser an unruly drunk is NOT abuse.

[BigMistakeFl]

You can hire an attorney who can get the breath test machine's latest calibration figures and determine if the machine was faulty.

I see no other defense in your post, unless you want to try to prove that the stop was illegal.

I love this part:

my date was 17 and she was ripped drunk

I don't allow my kids to drink

Not trying to rip on you brother, but I think you sorta screwed yourself.

[Some Random Guy]

This post has to be a joke/troll. He can't keep his story straight in his own explanation

He asked me if I had been drinking and I said no

I had drank some nyquil earlier and had an inner ear infection.

I really wasn't drunk I just had a beer

And if his 17 year old 'ripped drunk' date is not just a figment of his imagination, then her parents should be kicking his a**.

Just get a lawyer and go away.

[desade]

Sorry for the confusion but I don't think of one beer as being out drinking, sorry but that is just a simple fact. I have drank way more than one beer and drove myself home without problem. But maybe the nyquil and the beer had some sort of weird reaction, I know when I mix bynadryle with alcohol it makes me pretty tired and I'll usually sleep for a few hours. So who knows? But no way I blew a .19, no possible way I had that much alcohol in my system. I had spent most of th e day at the mall taking Suzie shopping and we even went and ate lunch. I think they pulled me over because I drive a very nice car, which I deserve, and am pretty well known in this area for being well off. It is simple harassment and I am considering a lawsuit against the police oficer himself for his abusive behavior - he had no right to force me to the ground or to call me the names he did, when he called me "sicko" and "criminal" I protested that is when he threatended to taze me. And as for the age difference between me and Suzie, I see no reason why that would matter, I am thirty eight and that isn't that big of an age difference and we enjoy spending our time together. Anyway, thanks for all the help.

[BigMistakeFl]

Dear OP,

Congratulations, you have won the UK Lottery, and you have also been selected to inherit millions of dollars from the very rich oil tycoon who recently died in a tragic accident in Nigeria.

[FlyingRon]

I suspect at .19 your judgement is a bit impaired.
If your belligerent are an indication of your personality, it's no wonder you had problems with the police.

If you're old enough to be a parent to teens and you're going to be getting teen age girl "dates" ripping drunk, being called a sicko is par for the course. If you want to file a complaint on the officer, feel free to do so, but it has no bearing on your GUILT (or the fact that you ARE a sicko).

[Antigone*of*Greece]

I changed my signature one day too soon. The village called, they are missing their idiot. OP - go home!!! (My thanks to stephen - I love that line. In this case it is quite appropriate).

[swrdmbo]

Well I am just laughing out loud!!

No way this arse can be for real !!l.NO-one with a pulse is that clueless!!

If you really are serious I have a newsflash for you. No-one in your town has any respect for you...you are almost 40 and date children ( if that's what you want to call getting minors drunk) your children's age. You are surely thought of as the pervert you are ( as witnessed by the policeman's comment).

Who cares if you have a business and consider yourself " wealthy". I am betting your town thinks you are a real creep. I hope they throw the book at you you jerk.


Oh...and I don't think anyone cares what you want. This will definitely be on your record because you are guilty. You said so yourself right here. No-one is buying the Ny-Quil routine...you drank it at the mall?? Whatever.

Spend some of your large masses of money to sue them...I imagine the town will love watching the freak show ( and you going down in flames).

Thinking about people like you makes my skin crawl!!

[CdwJava]

Originally Posted by desade

I was pulled over for DUI, I was only blocks from my home.

Many people are unlucky that way.

He said are you sure and I told him it was froma time earlier and the beer was later tonight when I got my date home, she had the 30 pack riding in the floor board between her feet.

So, you were going to bring your underage and already zonked girlfriend to your house, ply her with more liquor, then ... what? Personally, I think that the cop saved you from a potential rape charge. You DO know that having relations with someone who is too inebriated to grant consent is a crime, don't you?

The officer asked me if I could take some sobriety tests and I said why not? It sounded like fun.

In all my years I have never heard anyone describe the FSTs as "fun".

Well, to make a long story short, I failed the test but I explained to him I had drank some nyquil earlier and had an inner ear infection. So, sure, I was a little woozy.

Good thing he probably performed a number of tests, not all of which would be effected by the inner ear issue ... assuming you can get a doctor to verify that if you use it at court.

As for the Nyquil, how much of the bottle did you drink? And, if you drank enough of it to get you "woozy", you were likely too impaired to drive ... not to mention, you took well over the recommended dose even for a family of 8!

Anyway, he made me take a breathaklyzer and I failed but I think it might have been faulty.

You can certainly raise that at trial.

He arrested me and charged me with DUI, open container and contributing to a minor because my date was 17 and she was ripped drunk.

Like I said before, he may have saved you from a rape charge.

I really don't want this on my record, I own a business here in the area.

Had you considered that BEFORE you got into the car and drove impaired in the company of a drunk minor and surrounded by alcohol, this would not be an issue. Unfortunately, you are now in a pickle.

Anyway should I question the breathalyzer as faulty or charge the police with abuse as one threatened to tazer me.

Your attorney can tell you the odds of challenging the field test or the station test. I assume that after your arrest you also took a breath test? or did you take blood?

And just what ELSE did you do to get threatened with a good Tasing?

I really wasn't drunk I just had a beer, Suzie was the one swigging away, after all when teens drink you know how it goes that's why I don't allow my kids to drink. Any advice would be helpful. thanks in advance.

Okay ... now I think I'm on Candid Camera ... your "date" was 17 and you have kids (presumably with someone else) who are old enough to drink - even if illegally, you had one beer but failed the breath test, and are disparaging teens??

Okay ... this CAN'T be real.

- Carl