LeagueOf0.20712
Junior Member
Event occurred in PA, my home state is NY.
A few nights ago several people decided to call university EMT's as I was vomiting after consumption for a prolonged period of time. The EMT's came, checked my vitals which all turned out okay. However a university police officer accompained them shortly after and further questioned me. I admitted to drinking and in PA he has reserves the right to send
me to the hospital and to issue a citation. Medical amnesty protects me from any university punishments as other students decided to call, however the state is still involved as our university police are accredited by the state.
I believe the officer made many mistakes and overall displayed poor police work. The problem is that I admitted to drinking and showed obvious signs. My question is how can the below points help me, if at all. I don't really want to file anything against university police but the officers conduct was appalling. The state will most likely fine me between $150 and $300, and underage drinking convictions in PA suspend your drivers license for three months, and I believe this carries over to NYS. I would at least like to get the suspension dropped and hopefully a lesser fine.
Officer O'hay did not ask my permission to take the breathalyzer test, he simply shoved it in my face and said blow in this. I have the right to refuse the test which he did not acknowledge until I told him I wanted to discuss taking or not taking the test. O'hay coerced me into taking the test by saying that it would be a large deciding factor on whether I would be forced to go to the emergency room.
Upon taking the test O’hay turned his back to me to read the test and I had to look over his shoulder to see the reading. It showed a recording of .075%, immediately after this O’hay gave me a look of disgust and appeared mad. Stormed out the hallway to the stairwell and came back approximately two minutes later and again told me to re-take the breathalyzer test. This time the breathalyzer recorded a .055%. At no point did I see O'hay change the straw, and he did not disclose the issue with the previous test to me. Officer incompetence and/ or faulty devices present during arrest.
If the result of the breathalyzer test was going to be a large deciding factor why did O’hay send me to the hospital with a BAC of approximately 0.055%.
My blood pressure and pulse rates were within normal ranges.
I recited my SSN, home address, date, approximate time and where I was currently, and where I had been earlier in the evening with no problem.
Officer O'hay based part of his decision based upon a speech impediment of which I have documentation on. This impediment increases its effect on me due to stress or nervousness. Even after I informed O'hay of my stutter he did not believe me and went onto discuss my personal medical information that I disclosed to him to other people in the hall without my consent. My roommate confirmed my statement privately with O'hay.
O'hay also based part of his decision based upon that I was shivering. I was talking to him wearing only boxer briefs in the hallway, many other people in the hall were wearing coats because of the temperature of the hall. This also contributed to my stuttering problem.
If I required emergency medical attention O’hay should not have interrogated me for approximately 35-45 minutes prior to sending me to the hospital.
O’hay’s decision was largely based upon that I was vomiting frequently. Vomiting can be a symptom of many other issues that are not alcohol related, questionable if that should be the main factor. I had told O’hay and the EMT’s present that I had taken Advil recently and that I was not feeling well earlier in the day.
All of this information I remembered on my own without any assistance from witnesses, of course for the exception of what O’hay asked my roommate privately. All of this information is also confirmed by a witness present during the entire ordeal.
Once at the hospital two nurses and the doctor that saw me agreed with me that I did not have to go to the hospital and noted this. They did not find it necessary to attach any monitors; I simply slept on a stretcher in the hallway until about 7:30 am.
Sorry this got long, any suggestions would be much appreciated.
A few nights ago several people decided to call university EMT's as I was vomiting after consumption for a prolonged period of time. The EMT's came, checked my vitals which all turned out okay. However a university police officer accompained them shortly after and further questioned me. I admitted to drinking and in PA he has reserves the right to send
me to the hospital and to issue a citation. Medical amnesty protects me from any university punishments as other students decided to call, however the state is still involved as our university police are accredited by the state.
I believe the officer made many mistakes and overall displayed poor police work. The problem is that I admitted to drinking and showed obvious signs. My question is how can the below points help me, if at all. I don't really want to file anything against university police but the officers conduct was appalling. The state will most likely fine me between $150 and $300, and underage drinking convictions in PA suspend your drivers license for three months, and I believe this carries over to NYS. I would at least like to get the suspension dropped and hopefully a lesser fine.
Officer O'hay did not ask my permission to take the breathalyzer test, he simply shoved it in my face and said blow in this. I have the right to refuse the test which he did not acknowledge until I told him I wanted to discuss taking or not taking the test. O'hay coerced me into taking the test by saying that it would be a large deciding factor on whether I would be forced to go to the emergency room.
Upon taking the test O’hay turned his back to me to read the test and I had to look over his shoulder to see the reading. It showed a recording of .075%, immediately after this O’hay gave me a look of disgust and appeared mad. Stormed out the hallway to the stairwell and came back approximately two minutes later and again told me to re-take the breathalyzer test. This time the breathalyzer recorded a .055%. At no point did I see O'hay change the straw, and he did not disclose the issue with the previous test to me. Officer incompetence and/ or faulty devices present during arrest.
If the result of the breathalyzer test was going to be a large deciding factor why did O’hay send me to the hospital with a BAC of approximately 0.055%.
My blood pressure and pulse rates were within normal ranges.
I recited my SSN, home address, date, approximate time and where I was currently, and where I had been earlier in the evening with no problem.
Officer O'hay based part of his decision based upon a speech impediment of which I have documentation on. This impediment increases its effect on me due to stress or nervousness. Even after I informed O'hay of my stutter he did not believe me and went onto discuss my personal medical information that I disclosed to him to other people in the hall without my consent. My roommate confirmed my statement privately with O'hay.
O'hay also based part of his decision based upon that I was shivering. I was talking to him wearing only boxer briefs in the hallway, many other people in the hall were wearing coats because of the temperature of the hall. This also contributed to my stuttering problem.
If I required emergency medical attention O’hay should not have interrogated me for approximately 35-45 minutes prior to sending me to the hospital.
O’hay’s decision was largely based upon that I was vomiting frequently. Vomiting can be a symptom of many other issues that are not alcohol related, questionable if that should be the main factor. I had told O’hay and the EMT’s present that I had taken Advil recently and that I was not feeling well earlier in the day.
All of this information I remembered on my own without any assistance from witnesses, of course for the exception of what O’hay asked my roommate privately. All of this information is also confirmed by a witness present during the entire ordeal.
Once at the hospital two nurses and the doctor that saw me agreed with me that I did not have to go to the hospital and noted this. They did not find it necessary to attach any monitors; I simply slept on a stretcher in the hallway until about 7:30 am.
Sorry this got long, any suggestions would be much appreciated.