Dui in Aptos

[MrMcfeely23]

What is the name of your state (only U.S. law)? California

Hi, I was drinking(3 Corona lights) around 9pm last weekend at this BBQ. Once I was finished eating at the BBQ I left to downtown and decided to get more food and ended up getting a burrito, I got my burrito and ate it at the restaurant and left. Once I left the Mexican restaurant I was pulled over by an officer for having "paper plates" the car is a brand new 2012 model and I did not have my license plates yet. Once I passed the officer my paperwork he asked me to step out of the car and preform a field sobriety test and I thought "well I drank almost 4 hours ago and ate a lot... I should be fine?" I pass all the field sobriety tests just fine and then he asks me to blow into this little machine, so I do. Once I blow into the machine I read .09 - .10 he arrests me and takes me to the hospital and that test reads .09

As I am getting booked I remember what my doctor told me that my acid reflux is a cause of alcohol that comes up into the esophagus. I had a spicy burrito 20 min before I got arrested, so that would make sense.

My question is was the traffic stop even valid? the cop did not observe me driving more for then 2 seconds nor committing any moving violations... is having new car plates probable cause?
Is the acid reflux claim valid and could that win my case? ( I have my bank transaction proving this burrito was bought within the hour. the office did not observe me for 20 min either, he was to busy writing on his notepad. )

 

[Zigner]

Yes, the stop was valid.

Speak to an attorney.

 

[OHRoadwarrior]

Didn't your mother tell you to never drink and eat burritos?

 

[MrMcfeely23]

I was just looking into the acid reflux problem and I guess its called "GERDS"

I have all the hospital documents to back up this claim as well.

 

[Zigner]

I was just looking into the acid reflux problem and I guess its called "GERDS"

I have all the hospital documents to back up this claim as well.

Your blood-work at the hospital is not affected by acid reflux

 

[OHRoadwarrior]

I was just looking into the acid reflux problem and I guess its called "GERDS"

I have all the hospital documents to back up this claim as well.

This means nothing in terms of your driving in excess of legal limits.

 

[tranquility]

I'd argue the stop was invalid. While there are some cases that allow for a stop if the officer did not see the plate or if it was not properly displayed, once he stopped the vehicle and saw it, the reason for the stop ended. (At the same time, I've seen the continuance to a contact with the driver was allowed to "explain" the reason for the stop.) If that explanation led to the discovery of the smell of alcohol, that would lead to a reasonable suspicion the driver was drinking. So, the bottom line is that you MAY have an argument the stop was without probable cause (Actually, a reasonable suspicion.), it gets technical so fast you need an attorney to use it as a defense.

 

[Zigner]

I'd argue the stop was invalid. While there are some cases that allow for a stop if the officer did not see the plate or if it was not properly displayed, once he stopped the vehicle and saw it, the reason for the stop ended. (At the same time, I've seen the continuance to a contact with the driver was allowed to "explain" the reason for the stop.) If that explanation led to the discovery of the smell of alcohol, that would lead to a reasonable suspicion the driver was drinking. So, the bottom line is that you MAY have an argument the stop was without probable cause (Actually, a reasonable suspicion.), it gets technical so fast you need an attorney to use it as a defense.

Tranq - c'mon. The officer approached the vehicle to make contact with the driver (yep, perfectly allowable) and saw signs of alcohol impairment.

It's really not good to give the OP a red-herring such as this.

 

[CdwJava]

My question is was the traffic stop even valid? the cop did not observe me driving more for then 2 seconds nor committing any moving violations... is having new car plates probable cause?

If there was no evidence of registration and no temporary registration visible to the officer, yes, the stop was likely valid. If upon contact with the driver the officer noted the objective indications of impairment, then he could investigate further.

The report should contain the information regarding the reasonable suspicion to justify the detention (the traffic stop).

Is the acid reflux claim valid and could that win my case?

Not likely.

Why did you go to the hospital? If they took blood, then acid reflux is NOT an issue at all. And how do you know the blood results already? The test at DOJ or a local crime lab (available only in large communities) could take weeks to come back.

If you took a mandated breath test, then you would have had to blow at least twice and the officer will have to have certified that he observed you for at least 15 minutes and never saw any indication that you burped. Plus, the burp would have contained mouth alcohol which most breath machines today can detect (hence the reason they utilize deep lung air). If mouth alcohol was detected, the machine would kick the test. And even if it did not, the second test would be so far off (greater than .02) that the whole test could be invalidated if a third test was similarly off.

So, if blood, forget the acid reflux idea. Even in the best circumstance it is a weak argument that would cost a LOT of money to argue at trial.

Consult legal counsel.

 

[MrMcfeely23]

This means nothing in terms of your driving in excess of legal limits.

Gerds can cause false readings in the breathalyzer as the acid

"GERD, acid reflux, and heartburn cause undigested or semi-digested stomach acids (containing alcohol) to travel from your stomach back up to your mouth and throat.This creates a defect in DUI breath testing known as "mouth alcohol." Mouth alcohol exists at a much higher concentration than alcohol in the deep lung tissue. When stomach acid enters the mouth or throat...either because you chronically suffer from GERD, acid reflux, or heartburn...or because you ate a greasy or spicy meal...the DUI breath testing instrument measures mouth alcohol instead of the more reliable deep lung air. This almost always results in an inaccurate and falsely high reading."

I did not take a blood test.

 

[tranquility]

Tranq - c'mon. The officer approached the vehicle to make contact with the driver (yep, perfectly allowable) and saw signs of alcohol impairment.

It's really not good to give the OP a red-herring such as this.

The officer STOPPED the vehicle. He needed a reasonable suspicion a crime has been or is being committed by the driver to do so. If the sole reason was that there were paper plates on the vehicle, then, what crime would the officer reasonably believe was being committed?

 

[MrMcfeely23]

The cars plates were perfectly visible to anyone and were not obstructed.

 

[MrMcfeely23]

The officer STOPPED the vehicle. He needed a reasonable suspicion a crime has been or is being committed by the driver to do so. If the sole reason was that there were paper plates on the vehicle, then, what crime would the officer reasonably believe was being committed?

Exactly and a "Terry Stop" does not apply because he did not "reasonable suspicion"

 

[Zigner]

The officer STOPPED the vehicle. He needed a reasonable suspicion a crime has been or is being committed by the driver to do so. If the sole reason was that there were paper plates on the vehicle, then, what crime would the officer reasonably believe was being committed?

OP didn't have "paper plates" - OP had a temporary operating permit. The officer had every right to make contact with the driver to verify the validity of said operating permit, particularly if it wasn't visible.

(Ok, yes, he had those paper plates the dealer puts on, but that has nothing to do with the stop)

 

[CdwJava]

The cars plates were perfectly visible to anyone and were not obstructed.

But, you said they were PAPER plates ... as in, "Bob's Cars" and not a license plate issued by the state of CA. Correct?