No probable cause? Dui stop on motorcycle

[FlyingRon]

Not that I condone people who drive at .15 (especially motorcycles where it's just plain suicidal...you've got to be kidding me. A cyclist needs to be at the top of his alertness....all the cagers are trying to kill you), but this sounds like a lawyer MIGHT (given an objective analysis of the officer's testimony) challenge the validity of this stop and perhaps the PC for the arrest. That's a big IF, but you need the lawyer anyhow.
Do you know you dodged a big bullet there. There are automatic administrative sanctions in your state at .16 (restricted license or interlock for a year).

 

[Tron88]

Your failure to accept the consequences (and possible consequences) of your actions is appalling to me.

Ok,

What's appalling to me is cops sit 50 ft from the restaurant entrance in the dark, and wait for anyone that might be in violation of some sort of light, blinker etc without real facts. That's disgusting especially when there was no credible things such as brake light or blinker to begin with and then to come out and follow me And then get pounced on- Especially when they don't know the laws

Yes I even wrote them a letter saying I was over the limit and would "own my mistake" so don't be too appalled please

 

[Zigner]

Ok,

What's appalling to me is cops sit 50 ft from the restaurant entrance in the dark, and wait for anyone that might be in violation of some sort of light, blinker etc without real facts. That's disgusting especially when there was no credible things such as brake light or blinker to begin with and then to come out and follow me And then get pounced on- Especially when they don't know the laws

Yes I even wrote them a letter saying I was over the limit and would "own my mistake" so don't be too appalled please

Around here, we call that "good police work". The reasons are two-fold. First, it gets the immediate threat off the road and, second, it serves as a deterrent to those who are smart enough to learn from others' mistakes.

 

[Ladyback1]

I agree .15 is high!

In motorcycle law book for mn says "be flexible in your lane when driving at night, change to whatever potion of the lane is best able to help you see, be seen and keep adequate distance" I did not go over center line, or fogline.

He said my hand signal did not suffice and blinkers are needed in mn at night which is false, indicating he saw my hand signal. Mn statute "motorcyclists may use hand signals" 169.1 subd 7,8 also "turn signals or hand signals must be visible 100 feet to front and rear during daytime or nighttime. The intersection (large 5-way) was completely lit, wife directly behind me as witness and sober.

But I suppose it's all uphill since I'm .15, I just don't see the cause to get pulled over and neither does my wife who was there. The officer just doesn't know the blinker law, he said when I tried to explain I don't need blinkers this response "I'm not aware of that or ever heard of that" which should be in the audio because after he said that I asked if this is being recorded, he said yes

1) your hand signal has to be visible (your wife is not exactly objective...and why in the blue h*ll did you even get on a motorcycle after drinking anything??)
2) Even IF the signal you gave WAS visible, you were so inebriated, how do you know that you gave the correct signal?

 

[Just Blue]

Ok,

What's appalling to me is cops sit 50 ft from the restaurant entrance in the dark, and wait for anyone that might be in violation of some sort of light, blinker etc without real facts. That's disgusting especially when there was no credible things such as brake light or blinker to begin with and then to come out and follow me And then get pounced on- Especially when they don't know the laws

Yes I even wrote them a letter saying I was over the limit and would "own my mistake" so don't be too appalled please

BUT!! Had you not drank like a drunk...you would not be in this mess.

 

[Zigner]

Here's the thing - even if you wiggle out of this one, I hope that you have learned your lesson. If you have, then it was a great night for you and society. The costs you are paying now pale in comparison to the costs that you could have both ended up paying and ended up forcing some other family to pay. I call it a win no matter how it eventually turns out.

I suspect that you haven't learned your lesson, though. I suspect that all you are going to take out of this is the perception that the cops are just waiting to nab "innocent" folks like you off the road. That is sad for you, but still a win for society that night.

 

[Zigner]

Yes I even wrote them a letter saying I was over the limit and would "own my mistake" so don't be too appalled please

Whoa there! You wrote WHO a letter?

 

[CdwJava]

Ok,

What's appalling to me is cops sit 50 ft from the restaurant entrance in the dark, and wait for anyone that might be in violation of some sort of light, blinker etc without real facts.

Really? It's "appalling" that an officer might patrol in the area of a bar or other drinking establishment for someone who might be driving impaired ... say, on his motorcycle?

Really?

I agree that the reasonable suspicion for the detention may be vulnerable to attack. That doesn't mean you are "innocent," only that you might be lucky.

What appalls me is that you seem to be unconcerned about the fact that you were too impaired to operate a motor vehicle. Wow.

Yes I even wrote them a letter saying I was over the limit and would "own my mistake" so don't be too appalled please

You wrote WHO a letter accepting responsibility? If you TRULY are owning up and accept that you were impaired, and are taking steps to address this problem, then good for you. But, if this is merely an effort to mitigate any legal responsibility, no.

 

[Tron88]

You cops crack me up. I'm not a "drunk" I'm a good family man that yes I did make a mistake.

And to stick out an arm goin 5mph to signal isn't really that hard to do.

I'm sure I'm not goin to get out by any means, cops have the power to do whatever they want, my friends are cops, my uncle is a DA, when they get pulled over off duty, they just show a badge out the window and even sometimes the cop doesn't even approach the car, they go back and to car and drive off

It's a brotherhood like many other professions

 

[CdwJava]

You cops crack me up. I'm not a "drunk" I'm a good family man that yes I did make a mistake.

Actually, of those who have responded, *I* am the only "cop."

I'm sure I'm not goin to get out by any means, cops have the power to do whatever they want, my friends are cops, my uncle is a DA, when they get pulled over off duty, they just show a badge out the window and even sometimes the cop doesn't even approach the car, they go back and to car and drive off

Glad I don't live where you live!

 

[Tron88]

Really? It's "appalling" that an officer might patrol in the area of a bar or other drinking establishment for someone who might be driving impaired ... say, on his motorcycle?

Really?

I agree that the reasonable suspicion for the detention may be vulnerable to attack. That doesn't mean you are "innocent," only that you might be lucky.

What appalls me is that you seem to be unconcerned about the fact that you were too impaired to operate a motor vehicle. Wow.


You wrote WHO a letter accepting responsibility? If you TRULY are owning up and accept that you were impaired, and are taking steps to address this problem, then good for you. But, if this is merely an effort to mitigate any legal responsibility, no.

I wrote a letter to the chief, and no there is no intention of a response or anything like that, just more of a lesson for his fellow officers to know the turn signal law on motor bikes....

 

[Zigner]

You cops crack me up. I'm not a "drunk" I'm a good family man that yes I did make a mistake.

And to stick out an arm goin 5mph to signal isn't really that hard to do.

I'm sure I'm not goin to get out by any means, cops have the power to do whatever they want, my friends are cops, my uncle is a DA, when they get pulled over off duty, they just show a badge out the window and even sometimes the cop doesn't even approach the car, they go back and to car and drive off

It's a brotherhood like many other professions

I'm not a cop.
You may not be a "drunk", but you certainly were that night.

 

[Zigner]

I wrote a letter to the chief, and no there is no intention of a response or anything like that, just more of a lesson for his fellow officers to know the turn signal law on motor bikes....

So, in other words, you wrote a letter to the police admitting to your crime. Wow. You're not getting out of this in the slightest.

And, try to get this through your head. The fact that you seemed to not be in full control of your vehicle is going to be what sinks you. The hand signals won't matter in the end.



(For those of you who are wondering, yes, I have the crystal ball this morning.)

 

[Ohiogal]

Ok,

What's appalling to me is cops sit 50 ft from the restaurant entrance in the dark, and wait for anyone that might be in violation of some sort of light, blinker etc without real facts. That's disgusting especially when there was no credible things such as brake light or blinker to begin with and then to come out and follow me And then get pounced on- Especially when they don't know the laws

Yes I even wrote them a letter saying I was over the limit and would "own my mistake" so don't be too appalled please

What's appalling is you were driving drunk and want an out. Next time, you might your out is when your head hits the road and you kill yourself -- HOPEFULLY only yourself. So yeah, it is appalling that you don't even care what could have happened.

 

[Tron88]

Thanks for all the input. I am just a straight forward dude that made a very bad decision. I am prepared to take the penalties and all that and yes I should not have been on the road PERIOD. It's hard for me in my heart of what I did, and I kick myself. bUT I still don't see the justification quite yet, maybe when I see everything I will know better and without a doubt accept the reasoning for being pulled over