What is the name of your state? NH
Scenario:
Day July 14th.
Had a wedding to attend in Humarock MA for a friend.
My wife's 19 yr old cousin agreed to watch our
two children while we attended.
We traded vehicles as our SUV was easier to transport
children in.
The wedding was at 2:30 with a reception at 4:00PM.
On the way to the wedding, we picked up a friend
in Somersworth and drove to the wedding.
After the wedding, we drove about 20 miles south to a
restaurant where the reception function was being
held. While eating dinner, Both my wife and I each
ordered two drinks starting at 4:30 (her, two captain
Morgan and diet coke, me, two bloody Mary's made with
Vodka). We were finished with our drinks by 6:00 and
ate dessert / drank coffee until 9:00PM. Our friend
consumed about 6 drinks while at the reception.
My wife, our friend and myself left the wedding to head
back in the direction of home (Rochester NH). We got
hungry and stopped for dinner outside of Boston at a
Chinese food restaurant. We arrived at 10:30PM,
ordered dinner, ate, watched people perform Karaoke
and left at about 12:30 PM. During this time, my wife
and I each ordered one drink (captain Morgan and diet
coke), although we did not drink them due to the soda
being flat. Our friend ordered and consumed 5 or
6 mixed drinks during our two hour stay at the
restaurant.
We left the restaurant at 12:30 AM and although I was
exhausted from the long day, I was absolutely clear
headed and not at all intoxicated. It was a long drive and we
arrived in Somersworth NH at about 2:15 AM. Our friend
was heavily intoxicated during the car ride home.
Just dropped off our friend at her house in Somersworth
NH at approximately 2:15 AM, went back up High street,
was going to take a left onto 236 but my wife
mentioned that it would be faster to go an alternate route.
I did not come to a complete stop, the light was
green, there were no other cars behind or in front of
me, so I turned off my directional and safely
continued through the intersection.
The police pulled me over, I stopped. He came up to
the car and ask for the license and registration, went
back to his car. came back and asked if we were lost
and where we were coming from, we told him that we
were at a wedding in MA and had just dropped off our
friend. I mentioned that this car was not ours, and
was my wife's cousin's, who was at home babysitting
our two children. He mentioned that he smelled alcohol
in the car and asked if we had been drinking. I
replied that I had 2 drinks at around 4:30 but none
since. (as I did not consume my drink at the Chinese
food restaurant). I did mention that moments ago, we dropped off a friend who was heavily intoxicated and that the alcohol smell was likely from her being in the car for the last few hours.
He asked me to get out of the car and submitted me to
a field sobriety test.
He asked me to put my hands to my side, lift my left
leg toes out in front of me and hold it there while
counting to 30 using thousands in between. I mentioned
that I was nervous, as I've never been given such a
test, and therefore was shaking uncontrollably. He
said that he understood and that it would be taken
into consideration. I performed the procedure without
losing my balance or putting my foot down. I counted
to 30 using the "thousands" method without having any
issues or incident.
He then instructed me to remove my eyeglasses. I
thought this was strange. He then took out a pen and
told me to keep my eyes focused on the pen and when he
instructed, place my right index finger pad on the top
of the pen. He then moved the pen left to right and
asked me to place my finger on it, which I did without
any issue. He repeated the process and I again under
request was able to place my finger on the very tip of
the pen with no issue. He then instructed me to keep
focused on the tip of the pen while moving it left to
right 7 or 8 times (approx).
It is important to note that I have terrible vision
without my glasses, and since I wear them at all times
(other than sleeping). Although I am short-sited, it
takes some considerable time for my eyes to adjust to
not being corrected to where I can see object clearly
enough up close and focus correctly as I have an
astigmatism in both eyes.
He then walked me over to a slightly up-sloping
driveway (he mentioned that it was a flat surface) and
asked me to walk nine steps forward, toe to heel with
my hands to my side, when reaching the ninth step,
keep the front foot planted, taking small steps with
the other, pivot 180 degrees and take nine steps back.
He demonstrated this for me and while he did so, he
stumbled slightly due to the surface of the driveway.
I performed the exercise with no trouble walking up
the driveway, taking all nine steps without issue
(although I was still shaking uncontrollably). While
turning back, the driveway surface was sloped slightly
downward. While it did not make me fall, or take a
foot out of line, I did have to make an extra effort
to take all nine steps back without taking a foot out
of line, going slightly off-balance (not falling out
of line or removing my hands from my side).
He then told me that portion of the test was complete.
I asked how I performed and he mentioned that my
performance wasn't stellar. I then asked if I failed
and he said no, and again repeated that my performance
was not stellar.
He then informed me that he had a final test that was
optional. He told me that it was a field Breathalyzer
test and that the test was completely optional. I
asked him why the test was optional and he informed me
that it could be used to make a final determination as
to whether I was driving under the influence. He again
stressed that the test was optional. I asked him then
why he was even asking me to take the test if it was
in fact optional, and given that I did not fail the
physical motor function tests. He informed me that
given all of the circumstances, the fact that my eyes
were red, the fact that he had smelled alcohol in the
vehicle, that it would be an important factor.
I then asked, "So, if I take the Breathalyzer test,
and I pass, I get to go home right?". He said no, that
it was only a part of the tests, and that I may still
be charged with driving under the influence. It was at
this point that I realized and was informed by the
officer that even though I had performed adequately on
my other tests, that I was going to be arrested even
if I blew in the Breathalyzer and passed. I made the
decision not to take the test, given that I did not
feel that the officer had the grounds to pull me over
and submit me to the tests in the first place, and
that I had followed all instruction and had performed
the tests correctly thus far. I felt and communicated
to the officer that I felt I had submitted enough
evidence that I was in fact NOT intoxicated and
informed him that since he posed the test as optional,
I would defer taking the field Breathalyzer test and
opt for other testing at the station.
The officer noted my decision and repeated it back to
me and then informed me that I was being arrested and
charged with operating under the influence. I told him
I understood and he put the cuffs on me, checked my
pockets, removed my phone and cigarettes and placed me
in the rear of his vehicle. I asked him to please
remove my wallet from the vehicle and he told me that
he would do so (he did).
Proceed to part two...
Scenario:
Day July 14th.
Had a wedding to attend in Humarock MA for a friend.
My wife's 19 yr old cousin agreed to watch our
two children while we attended.
We traded vehicles as our SUV was easier to transport
children in.
The wedding was at 2:30 with a reception at 4:00PM.
On the way to the wedding, we picked up a friend
in Somersworth and drove to the wedding.
After the wedding, we drove about 20 miles south to a
restaurant where the reception function was being
held. While eating dinner, Both my wife and I each
ordered two drinks starting at 4:30 (her, two captain
Morgan and diet coke, me, two bloody Mary's made with
Vodka). We were finished with our drinks by 6:00 and
ate dessert / drank coffee until 9:00PM. Our friend
consumed about 6 drinks while at the reception.
My wife, our friend and myself left the wedding to head
back in the direction of home (Rochester NH). We got
hungry and stopped for dinner outside of Boston at a
Chinese food restaurant. We arrived at 10:30PM,
ordered dinner, ate, watched people perform Karaoke
and left at about 12:30 PM. During this time, my wife
and I each ordered one drink (captain Morgan and diet
coke), although we did not drink them due to the soda
being flat. Our friend ordered and consumed 5 or
6 mixed drinks during our two hour stay at the
restaurant.
We left the restaurant at 12:30 AM and although I was
exhausted from the long day, I was absolutely clear
headed and not at all intoxicated. It was a long drive and we
arrived in Somersworth NH at about 2:15 AM. Our friend
was heavily intoxicated during the car ride home.
Just dropped off our friend at her house in Somersworth
NH at approximately 2:15 AM, went back up High street,
was going to take a left onto 236 but my wife
mentioned that it would be faster to go an alternate route.
I did not come to a complete stop, the light was
green, there were no other cars behind or in front of
me, so I turned off my directional and safely
continued through the intersection.
The police pulled me over, I stopped. He came up to
the car and ask for the license and registration, went
back to his car. came back and asked if we were lost
and where we were coming from, we told him that we
were at a wedding in MA and had just dropped off our
friend. I mentioned that this car was not ours, and
was my wife's cousin's, who was at home babysitting
our two children. He mentioned that he smelled alcohol
in the car and asked if we had been drinking. I
replied that I had 2 drinks at around 4:30 but none
since. (as I did not consume my drink at the Chinese
food restaurant). I did mention that moments ago, we dropped off a friend who was heavily intoxicated and that the alcohol smell was likely from her being in the car for the last few hours.
He asked me to get out of the car and submitted me to
a field sobriety test.
He asked me to put my hands to my side, lift my left
leg toes out in front of me and hold it there while
counting to 30 using thousands in between. I mentioned
that I was nervous, as I've never been given such a
test, and therefore was shaking uncontrollably. He
said that he understood and that it would be taken
into consideration. I performed the procedure without
losing my balance or putting my foot down. I counted
to 30 using the "thousands" method without having any
issues or incident.
He then instructed me to remove my eyeglasses. I
thought this was strange. He then took out a pen and
told me to keep my eyes focused on the pen and when he
instructed, place my right index finger pad on the top
of the pen. He then moved the pen left to right and
asked me to place my finger on it, which I did without
any issue. He repeated the process and I again under
request was able to place my finger on the very tip of
the pen with no issue. He then instructed me to keep
focused on the tip of the pen while moving it left to
right 7 or 8 times (approx).
It is important to note that I have terrible vision
without my glasses, and since I wear them at all times
(other than sleeping). Although I am short-sited, it
takes some considerable time for my eyes to adjust to
not being corrected to where I can see object clearly
enough up close and focus correctly as I have an
astigmatism in both eyes.
He then walked me over to a slightly up-sloping
driveway (he mentioned that it was a flat surface) and
asked me to walk nine steps forward, toe to heel with
my hands to my side, when reaching the ninth step,
keep the front foot planted, taking small steps with
the other, pivot 180 degrees and take nine steps back.
He demonstrated this for me and while he did so, he
stumbled slightly due to the surface of the driveway.
I performed the exercise with no trouble walking up
the driveway, taking all nine steps without issue
(although I was still shaking uncontrollably). While
turning back, the driveway surface was sloped slightly
downward. While it did not make me fall, or take a
foot out of line, I did have to make an extra effort
to take all nine steps back without taking a foot out
of line, going slightly off-balance (not falling out
of line or removing my hands from my side).
He then told me that portion of the test was complete.
I asked how I performed and he mentioned that my
performance wasn't stellar. I then asked if I failed
and he said no, and again repeated that my performance
was not stellar.
He then informed me that he had a final test that was
optional. He told me that it was a field Breathalyzer
test and that the test was completely optional. I
asked him why the test was optional and he informed me
that it could be used to make a final determination as
to whether I was driving under the influence. He again
stressed that the test was optional. I asked him then
why he was even asking me to take the test if it was
in fact optional, and given that I did not fail the
physical motor function tests. He informed me that
given all of the circumstances, the fact that my eyes
were red, the fact that he had smelled alcohol in the
vehicle, that it would be an important factor.
I then asked, "So, if I take the Breathalyzer test,
and I pass, I get to go home right?". He said no, that
it was only a part of the tests, and that I may still
be charged with driving under the influence. It was at
this point that I realized and was informed by the
officer that even though I had performed adequately on
my other tests, that I was going to be arrested even
if I blew in the Breathalyzer and passed. I made the
decision not to take the test, given that I did not
feel that the officer had the grounds to pull me over
and submit me to the tests in the first place, and
that I had followed all instruction and had performed
the tests correctly thus far. I felt and communicated
to the officer that I felt I had submitted enough
evidence that I was in fact NOT intoxicated and
informed him that since he posed the test as optional,
I would defer taking the field Breathalyzer test and
opt for other testing at the station.
The officer noted my decision and repeated it back to
me and then informed me that I was being arrested and
charged with operating under the influence. I told him
I understood and he put the cuffs on me, checked my
pockets, removed my phone and cigarettes and placed me
in the rear of his vehicle. I asked him to please
remove my wallet from the vehicle and he told me that
he would do so (he did).
Proceed to part two...