passenger arrested for obstruction during DUI stop

[keli_m]

What is the name of your state (only U.S. law)? colorado
I was arrested for obstruction during DUI stop, I was the passenger. I was advising the driver not to take the breathalyzer test. I remainded inside the car the entire time. I was also charged with giving false info, I gave my husbands name, the officer was holding my ID at the time. The driver was not arrested, was told to call for a ride home. I spent 9 hours in jail, had to post a 2,000.00 bond. Advise???

 

[justalayman]

I was also charged with giving false info, I gave my husbands name, the officer was holding my ID at the time.

dang, that wasn't a smart thing to do. They ask to be sure your information you tell them matches the ID you just gave them. Yours didn't. Apparently you would be surprised how many people with fake ID's get caught like that. Not saying yours was false but I'm sure you get the point.

Advise???

ya, don't do foolish crap that is going to get you arrested.

 

[keli_m]

yes, I get the "dont do foolish crap" part. I have been beating myself up over this for days. I did not realize that being "stupid" would get me in So much trouble!

 

[Mass_Shyster]

Get a lawyer.

 

[swalsh411]

So how long did your argue with the cop before he arrested you?

 

[keli_m]

did not argue with him at all...He asked me what my name was, while holding my drivers license, I told him my name was John, he asked me if I was sticking to that and I said yes. He then told me to get out of the car and put the "cuffs" on me and put me in the back of the squad car. While I was in the back of the cop car, they returned to my sister and said...."we told you we were letting you go, but arent you curious what you would have blown on the breathalyzer??, they said, dont worry we are not gonna arrest you, just take the test to see what your number is"**************..my sis is not the moron they thought she was and polietly declined. Then they told her she could call a friend to come pick her up. Meanwhile, off to the police station I go. I still thought they were not serious about arresting me. Not sure where I obstructed justice....(first amendment rights after all). I do see where I gave false info, after all my name is not John, and it clearly states taht on my drivers license.

 

[justalayman]

I do see where I gave false info, after all my name is not John, and it clearly states taht on my drivers license.

that's why it was so easy to catch you giving false info. I'm betting you thought it was just hilarious at the time but as you have found out, when the cops are doing their business, that is not the time to horse around. It can result in some really bad things happening.

so, where along this did you tell your sister to refuse the blow? In your original statement you said you were advising your sister to not take the test. Any mention of it is strangely missing in this latest rendition.

Oh, and you need to also understand the limitations of your 1st amend rights. As they say; you can't yell fire in a theater.

 

[keli_m]

yep, you are right, I thought I was very funny at the time, not gonna lie, drinking was involved...not an excuse. As far as when I advised my sister not to take the breath test, it was after they asked her to step out of the car and asked her preform road side tests. She looked at me and I said, "dont do it, ask for a blood test". I am not omitting or lying about anything I am being honest and forthright. I make no excuse for my bad behavior.

 

[justalayman]

keli_m;2807191]yep, you are right, I thought I was very funny at the time, not gonna lie, drinking was involved...not an excuse.

honestly, I believe the cop was over reactive actually charging you with this. While applicable, technically, it was most likely obvious there was no intent to deceive. Do you have the actual code number for that? There might be something that would be some sort of defense within the statute.

As far as when I advised my sister not to take the breath test, it was after they asked her to step out of the car and asked her preform road side tests. She looked at me and I said, "dont do it, ask for a blood test".

ok, there we go. Unless you got real involved in some way, I cannot see how that can be stretched to obstruction. Again, have the code number handy?

I am not omitting or lying about anything I am being honest and forthright. I make no excuse for my bad behavior.

all I said is while you said one thing (told her to not take the test) in the first post and when you got more specific, you omitted anything about telling her anything about the breath test. So far, you appear to be open about this. It was a mistake, no problem.