Looking for Some Opinions Please

[QuadNutGin]

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

First off, a question - Can an officer watch the parking lot of a bar and grill so that he can pull exiting patrons over?

In my case, the officer was sitting in the parking lot of a business closed for the night, where he was easily able to view the parking lot of a bar and grill.

I do know he was watching because his exact words after I was at the police station were "We would have got your buddy too but they ducked into a parking lot before I could get backup." This was referring to the person I left the parking lot with, who was in front of me.

He also asked if I had been drinking before he even got to my window, when it was rolled down maybe an inch or so. Although in his report he said that after talking for a few minutes with me, he could smell alcohol.

The officer claimed that I crossed a double yellow line into oncoming traffic. If this were true, which is not and I can provide 2 witnesses not in my vehicle stating it's not, he could not have seen it from his watching spot.

Where he said I swerved was 1 block from the parking lot I left. He says in his report that I was driving fast and finally pulled over 4 or 5 blocks later. (He actually didn't even appear until 3 blocks after where I "swerved")

There's only two ways for him to get into a position to see this. One is for him to drive the wrong way on a one way street to get behind me. Of course, he had no reason to do this, other than he thought he found easy targets with my car and the other leaving the parking lot.

The other way is to of made a few turns, and taken a few streets to get to the intersection directly after the area he alleges I swerved. There's no way he could have beat me to the intersection with the winding he would have to do. I also would have seen him because I hit a red light.

I also hit a red light 2 blocks up the road. I supposedly stopped for 2 red lights while he was pursuing me with his lights on. It almost makes me chuckle, until I remember the severity of his allegations.

Would anybody like to share opinions on anything?

[cyjeff]

What was your BAC?

[QuadNutGin]

Originally Posted by cyjeff

What was your BAC?

Whoops, I forgot to mention that - .158

I know that's very high. I showed no signs of impairment at any point, until the breathalyzer. I was actually shocked when the officer said such a high number. I was thinking if I could prove the officer had no reason to pull me over, that would be dismissed.

A stupid mistake. Bad timing too because I usually grab a ride home if I go out drinking, but I felt nothing so figured it was fine. I've quit drinking since then, with the exception of New Years (where I stayed in a house) and my birthday (where I had a DD)

[paguy88]

I know that's very high. I showed no signs of impairment at any point, until the breathalyzer. I was actually shocked when the officer said such a high number. I was thinking if I could prove the officer had no reason to pull me over, that would be dismissed.

how do you know you showed no signs of impairment?

judgement is one of the first things to go when you are impaired. thus making you with a .158 in no postion to judge if you are impaired or not.

what county did this happen?

do you have any criminal history in the past 10 years?

[BigMistakeFl]

Can an officer watch the parking lot of a bar and grill so that he can pull exiting patrons over?

Yes, perfectly legal. Not sporting, but absolutely legal. Can you imagine a better place to catch people breaking this particular law? How many of the patrons of that bar got into their cars, truly impaired, and drove down the road, on just that one given night?

[QuadNutGin]

Originally Posted by paguy88

how do you know you showed no signs of impairment?

judgement is one of the first things to go when you are impaired. thus making you with a .158 in no postion to judge if you are impaired or not.

what county did this happen?

do you have any criminal history in the past 10 years?

From checking with 5 people (one who was completely sober) from that night, I've been told I didn't seem impaired one bit. I didn't have so much as a little slur in my speech. After being released into a friend's custody, both people who were there said I didn't seem like I was drinking at all. I don't know how BAL and everything works, but maybe I didn't feel any effect of alcohol because of a higher tolerance, or because I'm near 300 pounds. If I ever do feel the slightest effect, I always grab a ride with somebody else because I always go with a group that lives close together. I'm usually one of the most responsible drinkers that I know, save this incident.

I have no criminal history, and no traffic violations to speak of.

I guess what I'm saying, is in the end if I indeed had that high of a BAL, is it then acceptable for an officer to make up a reason to pull me over? (I'll give him the benefit of the doubt that maybe he had me confused with somebody else who was swerving, though that's very unlikely)

[FlyingRon]

Your drunk car mates are neither unbiased nor compelling witnesses.

The sad truth if they have suspicion that you are drunk, then any traffic violation even ones that they would have otherwise ignored (such as temporary excursions across the centerline) because legal fair game to make a stop.

You need a lawyer. They've got compelling evidence against you and if there are holes here they're going to have to be delved into by a sober, experienced, person.

As others are fishing for in this, if your record is clean, then ARD is available which is a extremely generous second chance that the state gives you to avoid having this as a conviction on your record.

[paguy88]

From checking with 5 people (one who was completely sober) from that night,

Well a few points and I am not trying to bust your chops BUT

1. you ended up with what PA calls a High BAC.. so in the eyes of the law you where to drunk to drive.. in terms if ARD is a option the .158 is some what good.. you will only get a 30 day Driver License suspension.. if you have a .16 you would have gotten 60!

I've been told I didn't seem impaired one bit.

are your friends trained professional? most cops are I am not say each and everyone is but most have professionalk training. your friends have not.. this training lets them sport a drunk in terms. Ones your friends might miss.

I didn't have so much as a little slur in my speech.

that is only one sign... in fact someone might have a slur and still not be drunk... how does the cop know that is not how the person speaks normally?

After being released into a friend's custody, both people who were there said I didn't seem like I was drinking at all.

Again see the other point.. you may have built over your drinking career a high tolerance.... thus your body is use to the booze more so than a casual drinker.. that said ever if you have delevoped a tolerance... that does not mean you are not drunk in the eyes of the law.


My advice is get a good lawyer

do you have any criminal history in the past 10 years? if not ARD will be your best bet. you can walk away with a full expungement of your criminal record if you do all points of the program.

[QuadNutGin]

Originally Posted by FlyingRon

Your drunk car mates are neither unbiased nor compelling witnesses.

The sad truth if they have suspicion that you are drunk, then any traffic violation even ones that they would have otherwise ignored (such as temporary excursions across the centerline) because legal fair game to make a stop.

You need a lawyer. They've got compelling evidence against you and if there are holes here they're going to have to be delved into by a sober, experienced, person.

As others are fishing for in this, if your record is clean, then ARD is available which is a extremely generous second chance that the state gives you to avoid having this as a conviction on your record.

None of the people were my car mates. Two (one of which was the sober) were in the car on the road at the same time, and would have seen if I swerved. I know that making a violation would be fair game. Had it actually happened, I'd gladly take any deal thrown my way, but I know it did not happen, and could not have been seen if it really would have happened.

Thanks to everyone for the input.

[cyjeff]

Originally Posted by QuadNutGin

None of the people were my car mates. Two (one of which was the sober) were in the car on the road at the same time, and would have seen if I swerved.

Were they between you and the officer?