What is the name of your state (only U.S. law)? tennessee 1am jan 1i was asleep in the car coming home after a party...wife was driving ..she made a left turn on a green light with traffic oncomming she had assured clear distance and did not interfere with traffic wife pulled into the drive we have a gated driveway an fenced in yard...she put the car in park and turned the car off police officer pulled in behind her and turned the lights on ...i woke up to a very excited wife and lots of flashing lights ...i got out of the car an proceeded to the back of the car to have a voice tell me to get back in the car i had no idea whom was speaking to me as i got closer i saw the badge and realized it was a police officer he told me to get back in the car or i was going to jail...i told him i wanted to know what was going on im in my yard and not doing anything wrong he says get back in the car or i am going to jail ...well after i was cuffed and placed in the back of the police car he told my wife she made a left turn with no turn signal in front of a car ...my wife told him he was mistaken she had a turn signal on and had plenty of room to make the turn...he then gave her a warning for failure to yeild and charged me with public intox and disobeying a police officer...i am a volunteer firefighter and a nuclear ironworker with no police record...im having problems understanding where my rights are and also what gives him the right to charge me with public intox i had no breathalizer what should i do i go to court on tuesday the 4th thanks all god bless and i hope you all had a better holiday than myself
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trouble
- Thread starter dave64
- Start date
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went to the stoplight that the officer said my wife failure to yeild...we took pictures of the place where she turned and also of the place where said car was and then measured the distance the distance from her to the car was 400 feet...also had my fire cheif take the measurements today is the day of court,also took pictures of where the officer pulled us over in our yard...im not sure if thats what you call it where he he pulled in after we arrived home
That does not change my answer. The warning, if written, is still a citation.
Zigner
Senior Member, Non-Attorney
And, even if there WAS no "citation", it doesn't change things.
I don't understand why this concept is so hard for you. You were told three times to return to your vehicle. Twice you were warned of the consequence if you did not. The second time you were warned of the consequence of not obeying the officers lawful command you spouted off with a slurred indignant response. What right did you think you had to do that? Are you suddenly immune to the law when you are on you own property?
You mean besides being detained for the alleged driving violation of the DRIVER? Yes it was foolish but a lot of people would have a problem being ordered back into a vehicle on their own property WHILE A PASSENGER and yes I understand why the officer gave the order.
my responses were not slurred since i was not drunk secondly ,i was very much sober and my responses were slowed becuase we had left the party due to my high blood pressure,and i have heart arithmia,secondly we took measurements of where the vehicle was, that my wife turned in front of on a green light using her turn signal ,it was 400 feet away yet said officer gave her a warning for failure to yield and that was the reason for him to come into my yard,and my arrest ,so what your saying is number 1 you dont need a breathalizer or a blood test a police officer may charge a person with public intox by means of his own opinion secondly he may enter a person private area ordering him to do whatever the officer wishes...if what you are telling me is true...im pretty sure the trend started in 1932 and god help us all when the honest people of the united states are at the whim and will of whatever the police wants...to serve and protect is gone welcome to to subjugate and fine....as far as this goes only thing i do believe i did wrong was i did handle the situation wrong...i shouldve kept my head ...went to court officer did not appear, we will try again later in the year ...happy new year all and god bless
How do you know where the car was? You were, by your own admission, asleep when the alleged infraction took place. You obviously have your mind made up as to what happened and how it should turn out. I will not continue to argue actual legal precedence against your own biased opinion and excuses. Go ahead and post whatever answer you wanted to hear and I will copy and paste it for you later today.
While the US SC has ruled ALL passengers are "seized" for constitutional challenge purposes "for the reason for the stop", I am not aware of any decision that an officer must permit the non violator to go on his way unless he can point to specific or articulable facts to warrant further detainment.
Now, say a search warrant is executed on a home, then ALL persons are seized, period, and can not leave until permitted.
If I am correct on my 1st paragraph, then we turn to the TN constitution for answers.
You will find, most probably, it is not an Unreasonable seizure, that is, Order, to demand a person be compliant when a car is stopped for an investigation.
Is it possible you were free to leave, sure, I suppose. I don't even know that answer for sure for my own state.
i did not say he ordered me three times and also i was disoriented when i got out of the car...and im not use to a law that invades the home of a person that follows all the rules then being persecuted before im done so peligroso your saying im in vio;lation thats fine pretty much all i needed to know when i hit court the 27th i will plead guilty thanks for your time happy new year and god bless
CdwJava
Senior Member
Before you plead guilty, consult legal counsel. Depending on the actual code section under which you were charged there could be consequences beyond a fine and a misdemeanor criminal record. An attorney can advise you of what those are. There might also be diversion programs available to help mollify the impact of this.
It is also possible that the attorney can find some error by the police that will give him negotiating room.
In general, you have to understand that reaching your property before you are caught (or, in this case, before you wife was stopped) is not the same as reaching "home base" in a game of tag. It just does not work that way.
It is also possible that the attorney can find some error by the police that will give him negotiating room.
In general, you have to understand that reaching your property before you are caught (or, in this case, before you wife was stopped) is not the same as reaching "home base" in a game of tag. It just does not work that way.
justalayman
Senior Member
I suspect your problem was you were attempting to involve yourself in the officers investigation and you had no business doing so. That results in a charge often such as interfering with the police or failure to follow a lawful command.
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but anyway, the alcohol on your breath along with the slowed responses (and whatever else the officer noted) does equal public intox.
Ya put the drinking together with the disoriented and slowed responses and it appears as public intox, yes, without a Breathalyzer.
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Had you been drinking?
but because of your blood pressure and an arrhythmia? If you have such problems that somehow cause your actions to be so slowed they are noticeable by others, you have no business being a firefighter nor an ironworker. They both require you to have at least average, if not above average responses. As you know, it can be a matter of life or death in both of those occupations if you are just too slow to get out of the way of danger.
but anyway, the alcohol on your breath along with the slowed responses (and whatever else the officer noted) does equal public intox.
Ya put the drinking together with the disoriented and slowed responses and it appears as public intox, yes, without a Breathalyzer.
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