chrisjardine12
Junior Member
Ohio
Hi,
Last night I was pulled over a little after 2am after leaving the club with friends--I saw a police car in the next lane in my mirror so I rushed to turn off my LEDs under my seat because I wasn't sure of the law in Ohio (I live in Michigan, right on the border) and I weaved a tiny bit, but didn't come out of my lane at all. The officer drove past then all of a sudden whipped back around and turned on his lights. I kept driving for MAYBE 7 seconds so I could pull into a well lit gas station. My friend in the back had picked up a girl from the club and they were making out in my back seat, so when the officer's lights went on they got re-situated. Before I could even put my car in park the officer's partner was running up to my car, gun drawn and pointing it at my friend's face asking what she was doing moving around so much and why we waited "so long" to pull over. Meanwhile, the first officer is getting my information. Right off the bat he asked if I had been drinking and I said yes, I had a couple of drinks earlier. They collected all of our licenses and eventually asked me to step out of the vehicle (I assumed for a field-test). He began searching me then got all of my friends out of the car and searched them as well. Now, an officer begins searching my car without even asking my permission. I almost said something but we were just being cooperative, I didn't have anything to hide. At this point I notice there are four different police cars in this tiny gas station and everyone is watching like there's some crazy drug bust or something. I had a partially drank fifth of vodka under my passenger seat (this is what I drank before going into the club four hours earlier) and hardly ANY of it was gone. I wasn't trying to hide it or anything, in Michigan I thought the law was that it couldn't be easily accessed, but I guess in Ohio you can't have it period. Eventually, they allow us back into the car and let my friends go to the bathroom. The first officer gives me a ticket for me to appear in court, citing open alcohol, weaving, and loud music. He then says something along the lines of "I'm not trying to be a dick, but I know you're drunk or at least buzzed so I'm being nice by not giving you a DUI." I almost volunteered to do the sobriety test I thought they were going to give me because I had been completely sober for at least an hour, but I didn't. So now I have to go to court and fight it; I'm not sure if they overstepped their boundaries searching my car without consent and the other officer running up pointing his gun at us. Also, if he's going to cite me for open alcohol and weaving and NOT give me a sobriety test, how will his charges hold up in court? I'm hoping the judge will be alright, we were as cooperative as possible, probably even overly cooperative--when they searched me he was checking my ankles, so I kicked off my shoes and said "look, we aren't trying to hide anything whatsoever". I believe I was originally pulled over for the slight swerve and my music, but does that or me telling them that I had been drinking earlier give them probable cause to search my vehicle or myself and my friends without even asking, especially when I was completely sober? My friend is in school for criminal justice right now and he thinks the judge is just going to throw it out, but I'm not sure...we really weren't doing anything that was illegal; my music was loud and the officer said that was one of his biggest pet peeves so I think the whole thing started over music. I know there's some sort of law or ordinance for it, but this happens EVERYWHERE in Toledo and no one else gets pulled over; and we were also in a business area so I don't think it should be that big of a deal, I don't blast my music in residential areas.
Thanks in advance for any information you can give me. I've never been in trouble before in my life outside of a 5mph speeding ticket and I'm 23, so I've never even been in a court room and I'm nervous!
Hi,
Last night I was pulled over a little after 2am after leaving the club with friends--I saw a police car in the next lane in my mirror so I rushed to turn off my LEDs under my seat because I wasn't sure of the law in Ohio (I live in Michigan, right on the border) and I weaved a tiny bit, but didn't come out of my lane at all. The officer drove past then all of a sudden whipped back around and turned on his lights. I kept driving for MAYBE 7 seconds so I could pull into a well lit gas station. My friend in the back had picked up a girl from the club and they were making out in my back seat, so when the officer's lights went on they got re-situated. Before I could even put my car in park the officer's partner was running up to my car, gun drawn and pointing it at my friend's face asking what she was doing moving around so much and why we waited "so long" to pull over. Meanwhile, the first officer is getting my information. Right off the bat he asked if I had been drinking and I said yes, I had a couple of drinks earlier. They collected all of our licenses and eventually asked me to step out of the vehicle (I assumed for a field-test). He began searching me then got all of my friends out of the car and searched them as well. Now, an officer begins searching my car without even asking my permission. I almost said something but we were just being cooperative, I didn't have anything to hide. At this point I notice there are four different police cars in this tiny gas station and everyone is watching like there's some crazy drug bust or something. I had a partially drank fifth of vodka under my passenger seat (this is what I drank before going into the club four hours earlier) and hardly ANY of it was gone. I wasn't trying to hide it or anything, in Michigan I thought the law was that it couldn't be easily accessed, but I guess in Ohio you can't have it period. Eventually, they allow us back into the car and let my friends go to the bathroom. The first officer gives me a ticket for me to appear in court, citing open alcohol, weaving, and loud music. He then says something along the lines of "I'm not trying to be a dick, but I know you're drunk or at least buzzed so I'm being nice by not giving you a DUI." I almost volunteered to do the sobriety test I thought they were going to give me because I had been completely sober for at least an hour, but I didn't. So now I have to go to court and fight it; I'm not sure if they overstepped their boundaries searching my car without consent and the other officer running up pointing his gun at us. Also, if he's going to cite me for open alcohol and weaving and NOT give me a sobriety test, how will his charges hold up in court? I'm hoping the judge will be alright, we were as cooperative as possible, probably even overly cooperative--when they searched me he was checking my ankles, so I kicked off my shoes and said "look, we aren't trying to hide anything whatsoever". I believe I was originally pulled over for the slight swerve and my music, but does that or me telling them that I had been drinking earlier give them probable cause to search my vehicle or myself and my friends without even asking, especially when I was completely sober? My friend is in school for criminal justice right now and he thinks the judge is just going to throw it out, but I'm not sure...we really weren't doing anything that was illegal; my music was loud and the officer said that was one of his biggest pet peeves so I think the whole thing started over music. I know there's some sort of law or ordinance for it, but this happens EVERYWHERE in Toledo and no one else gets pulled over; and we were also in a business area so I don't think it should be that big of a deal, I don't blast my music in residential areas.
Thanks in advance for any information you can give me. I've never been in trouble before in my life outside of a 5mph speeding ticket and I'm 23, so I've never even been in a court room and I'm nervous!