Virginia
Ok heres what happened, I was driving back from a club, at 2:00 I was driving towards a military base, I drove up to it and stopped, I showed my I.D. and base pass, then a few moments later the military policeman asked me If I had been drinking, I said yes a few, he said he asked this because he saw me "swerve" while pulling up (its a narrow road meant for one person to drive through at a time, with small plastic poles dividing the roadway) He said he smelled alchohol on me. He told me to put the car and in park and stay there. I do ... and a another policeman shows up, he asks me the same thing, I give the same answers, he asks me to perform some field tests I do, I blow into the breathtester and get a .7, I never once trip up or stumble on the tests, which were the line walk- one foot stand, and nose touch, I do all them, and a alphabet test, I do the alphabet test and start singing it, the Officer gets angry and tells me to do it without singing it. I told him I couldn't do it without singing it because thats the only way I remember the whole thing. I ask the officer if I failed or passed the tests and he doesn't reply, I ask again and he hesitates for a moment, like hes thinking up a reason for it, which I think he did. He says I didn't do the alphabet test properly. He arrests me and reads me my rights and about at 4:11 gives me another breath test which shows up as .13
I've done research it its said that did the officer have probable cause to stop you, since I was not actually stopped but forced to due to being a military Id checkpoint, such as in driving patterns, the way you parked over when he showed up, and your physical appearence, Also I've looked at Rising BAC which says its unlawful to have a BAC of over .8 WHILE driving, and how dental caps and acid reflex can give false reading, both of which I have.
Also I was never givin an option of tests to take, nor told I could refuse one, could someone give me some advise on this?What is the name of your state?What is the name of your state?
Ok heres what happened, I was driving back from a club, at 2:00 I was driving towards a military base, I drove up to it and stopped, I showed my I.D. and base pass, then a few moments later the military policeman asked me If I had been drinking, I said yes a few, he said he asked this because he saw me "swerve" while pulling up (its a narrow road meant for one person to drive through at a time, with small plastic poles dividing the roadway) He said he smelled alchohol on me. He told me to put the car and in park and stay there. I do ... and a another policeman shows up, he asks me the same thing, I give the same answers, he asks me to perform some field tests I do, I blow into the breathtester and get a .7, I never once trip up or stumble on the tests, which were the line walk- one foot stand, and nose touch, I do all them, and a alphabet test, I do the alphabet test and start singing it, the Officer gets angry and tells me to do it without singing it. I told him I couldn't do it without singing it because thats the only way I remember the whole thing. I ask the officer if I failed or passed the tests and he doesn't reply, I ask again and he hesitates for a moment, like hes thinking up a reason for it, which I think he did. He says I didn't do the alphabet test properly. He arrests me and reads me my rights and about at 4:11 gives me another breath test which shows up as .13
I've done research it its said that did the officer have probable cause to stop you, since I was not actually stopped but forced to due to being a military Id checkpoint, such as in driving patterns, the way you parked over when he showed up, and your physical appearence, Also I've looked at Rising BAC which says its unlawful to have a BAC of over .8 WHILE driving, and how dental caps and acid reflex can give false reading, both of which I have.
Also I was never givin an option of tests to take, nor told I could refuse one, could someone give me some advise on this?What is the name of your state?What is the name of your state?
