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Not driving and DUI anyway

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Democreature

Junior Member
What is the name of your state? TX

On a recent celebratory trip to Mexico, I was charged with a DUI. Here are the facts: Yes I was drinking and was beginning to get impaired. My friend offered to drive but only once we crossed into the USA. He hates to drive in Mexico; he claims it is dangerous. I had no problem with all the traffic. Atop of the bridge and before entering the US, I stopped the vehicle and switched positions. I was now clearly planted on the passenger side. The traffic started to move and prior to moving the seat forward, my friend started to drive. Moving down the American side, I notice what I thought was a peddler moving in and out of traffic and coming into our lane. This causes my friend to take evasive action. I got upset, reached over to the drivers side window and lowered it. I was almost on top of him as I scream out the window at who I thought was a beggar. It turned out to be a security guard. He promptly told me to shut up and keep moving. Given his tone, I responded in-kind. Not knowing when to shut up. When we arrive at the check point we were asked to proceed to the secondary inspection area. There we were asked to get out of the vehicle which we did. We were kept there for almost two hours until the cops arrived. The officer spoke to the customs officials and soon after asked my friend to go with him. A few minutes later they return. At that point, the security pointed to me. The officer then came to me and asked to go with him. I asked why and he said it was standard operating procedure. He asked me to take the FST at which time I told him that I was drinking but I was not driving. He told me to just take them so I did. Needles to say, I failed most of them. I once again reminded that officer that I was not driving. He placed me under arrest and in the car. My friend came by and asks why he was doing so? The officer responded “because he was disorderly”. He asked why I was given the FST since he was driving and not me. At that point he was told to leave or he was going to be charged and also arrested. Now I find myself waiting for trial. I was not driving on the American side, but the security officer claims that I was and that he saw us change positions on the US side. This happens to be at night with my car having dark tinted windows and almost impossible to see inside. The only thing that I was thinking was that I really pissed him off and he had the authority to put me though this. What if any are my defenses? Apparently in court proceedings, being innocent is never enough. I am however, guilty of being an ass.
 


Some Random Guy

Senior Member
A. Get a lawyer.
B. Find out where the actual border is. The line separating the countries, not the little booth where the ICE agents sit.
C. Get help for your drinking problem - because the last thing you want is for your second DUI to be in Mexico where you are antagonizing the Mexican authorities.
 

Democreature

Junior Member
The arrest happened in the USA. As far as the drinking, it was a rare occurance that I drank as I did.
 
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