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#1
03-10-2009, 08:48 AM
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Illeagle stopWhat is the name of your state (only U.S. law)? Arkansas I was on my way home when I noticed a car getting really close & then backing off , did not think much of it till I seen a cop get behind me,followed for about 4 miles then pulled me over ,I asked why he pulled me over ,he did not say, just went on how a undercover cop had followed me for 9 miles ,I ask again does not say , he asked if I had been drinking I said I had a couple. I was asked to do a field test walk & turn did fine held leg up counting did fine .Long story short I blow 0.17.I get no other ticket for being pulled over in the first place nothing but a DUI ticket.come to find out the under cover cop not a cop is a restaurant owner that was working on a sign out side he said he saw me spin my tire & called the police .Well the cop was waiting on me as said above .This cop was gonna pull me over regardless , spinning your tire is not a offense to get pulled over for, the officer did not see me spin my tires.found all this out after a friend called me & said he heard the whole thing on the police scanner. thank you |
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#2
03-10-2009, 09:03 AM
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| Spinning your tire after leaving a place where there is drinking going on may or may not be probable cause for a stop. It's arguable. But, the officer followed you for 4 miles. He will testify you did other behaviors consistent with a person driving under the influence. I don't think you will have anything, but you really have no idea until you see the police report.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#3
03-10-2009, 09:17 AM
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| I did not spin my tires , the place where I was at was 5 miles back from the guy working on the sign. the guy working on the sign was at a intersection of two roads.Needless to say I thought you had to have a reason to pull someone over, hence no ticket for pulling my over no traffic violation. The officer only pulled me over because of the call, other then that He would have been somewhere else instead of waiting on me.Do not get me wrong ,I was at fault , but come on you have to have a reason to pull someone over other then what some one else has seen .If not there would be a lot of vengeful people calling the police to get others arrested. |
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#4
03-10-2009, 09:21 AM
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| There is nothing illegal in a police officer driving down the road and observing your driving. It is kinda what they do.
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#5
03-10-2009, 09:31 AM
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| That's the point .Officer was not just driving down the road if that was the case I would have no problem. he pulled me over for no traffic infraction nor ticked me for so . He pulled me over for something he did not see or charge me for. |
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#6
03-10-2009, 09:35 AM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#7
03-10-2009, 09:45 AM
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Once you have a lawyer, get a copy of the police report and analyze why he pulled you over. Since the police officer tailed you for 4 miles, he was likely looking for signs of DUI or any other behavior that would be cause to pull you over. This includes improper use of turn signals, crossing the center line, etc. Even though his report may include his justification for pulling you over, he is not required by law to ticket you for that violation. Once he saw that you were drunk, he could certainly arrest you for DUI. Apparently, the bit about the "undercover cop" was a lie. Police are allowed to do that. And it was a bad lie. Undercover police are very very unlikely to get involved in traffic offenses. A "plainclothes" or "off duty" officer would have been a better lie. Of course, in the very unlikely event the police officer claims in their report that it was not the restaurant owner instivating the call to police, then your lawyer can attack his credibility on that. |
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#8
03-10-2009, 09:47 AM
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ok so now you can get pulled over for nothing & giving a dui for no reason? I thought you had to have a reason & that reason can not be what he did not witness. |
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#9
03-10-2009, 09:49 AM
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Thank you for your reply. this is my first & last DUI , |
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#10
03-10-2009, 10:06 AM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#11
03-10-2009, 11:03 AM
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Likely, it will be along the lines of "I saw the subject's car weaving and/or crossing the line and/or speeding/slowing erratically and/or ......" If you were driving with a .17, there was definitely SOMETHING for him to tag... or he wouldn't have waited 4 miles to pull you over. In other words, if he was going to stop you regardless, why follow you for 4 miles to do it? Ergo, he was waiting for reason. You must have finally given it to him. Just for the record, ANY citizen can call in a possible DUI to 911. That eye witness report of your driving could be used as probable cause... as an eye witness account of ANY crime could be.
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#12
03-10-2009, 11:04 AM
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| The ill eagle should see a vet too.
__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them. |
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#13
03-10-2009, 11:14 AM
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__________________ Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all. Licensed to practice law in Ohio and a Guardian Ad Litem for children |
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#14
03-10-2009, 11:18 AM
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#15
03-10-2009, 11:22 AM
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| I suspect the car you saw getting close and then backing off was an off duty officer. He likely followed you observing behaviors consistent with those of an impaired driver and waited for a marked police unit to get into place to make the stop. As others have said, you will have a chance to read the report as soon as your attorney gets a copy. Typically, the weakest part of the DUI case is the reasonable suspicion for the stop. However, the stop does NOT have to be due to a citable violation though that helps. All that has to be established is that there was reasonable cause to believe you were impaired and that can be established by weaving in your lane, traveling too fast or slow, turning erratically or too wide consistently, etc. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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