DUI dropped however

[mikejones007]

What is the name of your state? Utah
I was driving home one morning from an unfamiliar area and a little lost. I was also trying to turn my phones GPS in order to get directions home. I see flashing lights and pull over. Officer claimed I swerved into his lane forcing him off the road, which was an exaggeration. And I admitted to using my phone for directions while driving. He then asked me to get out of the car. And surprised I asked "what for" and he responded to take a field sobriety test. To which I replied "are you serious". He started with the eye test which is only a good indicator alcohol and other depressants being present in someone then proceeded to the walk and turn test and the standing on one foot test. After the tests were over he ask me to put my hands behind my back and arrested me. He then spent the next 2 hours trying to draw blood from me. Ultimately giving up only able to draw about 1/10 a vial of blood. Well the inventory search of my car turned up some weed and a pipe. I was charged with DUI, possession of weed, possession of the pipe, texting while driving and failure to maintain my lane. 2 weeks later I have my DLD hearing (which I ended up losing) and the officer isnt here for the hearing!!!! I so happy. Well the cop was allowed to appear to the hearing by phone. I so pissed. I really thought I was prepared for the hearing and too my surprise felt like a 1st grader in an college class. However I was able to get the officer to admit to not have any blood or breathe test proving I had drugs in my system. I left my hearing expecting a decision in the mail within a week and went straight to my pre trial officer who I was ordered to see and she gave me the good news that the charges were amended and that the dui charge was removed. Now 2 weeks later the letter from the DLD arrives and they want to suspend my license for 120 days. Is this avoidable. And lastly is the inventory search of my car illegal. I think the question might be is the fruit of a search made in honest error still valid? Thanks for you responses guys.

 

[CdwJava]

What is the name of your state? Utah
I was driving home one morning from an unfamiliar area and a little lost. I was also trying to turn my phones GPS in order to get directions home. I see flashing lights and pull over. Officer claimed I swerved into his lane forcing him off the road, which was an exaggeration.

Maybe to you, but if he was heading in the opposite direction and you appeared to be swerving into his lane forcing him to evade, that can be frightening!

And swerving into a car or off road while fiddling with the phone, GPS or radio would make you just as dead or grievously injured as a DUI crash. So, it's STILL dangerous as all get out, which is why fiddling with phones and devices tends to be illegal.

And I admitted to using my phone for directions while driving. He then asked me to get out of the car. And surprised I asked "what for" and he responded to take a field sobriety test. To which I replied "are you serious".

Because no impaired driver would ever tell a tale about being distracted rather than impaired. The best way for him to rule in or out impairment is to do FSTs.

He started with the eye test which is only a good indicator alcohol and other depressants being present in someone then proceeded to the walk and turn test and the standing on one foot test.

If done correctly, the "eye test" (actually the Horizontal Gaze Nystagmus test) is the single most indicative of all the SFSTs. Yes, it IS a good indicator of the presence of alcohol (and drugs, if the officer is trained in what to look for as these clues are beyond the scope of a simple alcohol DUI SFST). The HGN can also be used quite effectively to approximate BAC, though to use it for such a purpose is no longer considered appropriate in most states - but, for those of us who understand it, it can be quite telling all the same, and give us a better idea of what we should be seeing if alcohol is, indeed, the culprit.

The walk-and-turn, and one leg stand are also part of the SFSTs. And, once again, if done correctly, are good indicators of impairment ... though, in my opinion, not as conclusive as the HGN.

After the tests were over he ask me to put my hands behind my back and arrested me. He then spent the next 2 hours trying to draw blood from me. Ultimately giving up only able to draw about 1/10 a vial of blood.

All the more reason why I am glad that we have phlebotomists do it and have not been trained or required to do the blood draws ourselves!

Well the inventory search of my car turned up some weed and a pipe. I was charged with DUI, possession of weed, possession of the pipe, texting while driving and failure to maintain my lane. 2 weeks later I have my DLD hearing (which I ended up losing) and the officer isnt here for the hearing!!!! I so happy. Well the cop was allowed to appear to the hearing by phone. I so pissed.

Never a good idea to be traveling with illegal drugs in the car.

As for the hearing, I believe most states - perhaps all of them - permit officers to appear at a license hearing by phone.

I really thought I was prepared for the hearing and too my surprise felt like a 1st grader in an college class.

Which is why it is always a good idea to engage an attorney in these matters.

However I was able to get the officer to admit to not have any blood or breathe test proving I had drugs in my system. I left my hearing expecting a decision in the mail within a week and went straight to my pre trial officer who I was ordered to see and she gave me the good news that the charges were amended and that the dui charge was removed. Now 2 weeks later the letter from the DLD arrives and they want to suspend my license for 120 days. Is this avoidable. And lastly is the inventory search of my car illegal. I think the question might be is the fruit of a search made in honest error still valid? Thanks for you responses guys.

Why did they want to suspend the license? If not for DUI, then for what? Does Utah allow them to suspend for possession of drugs in the car? Or, for the reckless actions taken while driving? I would assume that there is some sort of authority code (statue) on the paperwork they sent you. What does it say as to the reason for the suspension?

No, the search is almost certainly still good. If they had probable cause to make the arrest, and your vehicle was subject to impound as a result, then the search is almost certainly good. The fact that they ultimately decided not to charge you with DUI does not mean that there was not sufficient probable cause for the arrest.

 

[mikejones007]

Maybe to you, but if he was heading in the opposite direction and you appeared to be swerving into his lane forcing him to evade, that can be frightening!

And swerving into a car or off road while fiddling with the phone, GPS or radio would make you just as dead or grievously injured as a DUI crash. So, it's STILL dangerous as all get out, which is why fiddling with phones and devices tends to be illegal.

I didnt mean to make swerving into his lane seem like a small matter. Im sure i probably scared him.


Because no impaired driver would ever tell a tale about being distracted rather than impaired. The best way for him to rule in or out impairment is to do FSTs.


If done correctly, the "eye test" (actually the Horizontal Gaze Nystagmus test) is the single most indicative of all the SFSTs. Yes, it IS a good indicator of the presence of alcohol (and drugs, if the officer is trained in what to look for as these clues are beyond the scope of a simple alcohol DUI SFST). The HGN can also be used quite effectively to approximate BAC, though to use it for such a purpose is no longer considered appropriate in most states - but, for those of us who understand it, it can be quite telling all the same, and give us a better idea of what we should be seeing if alcohol is, indeed, the culprit.

The walk-and-turn, and one leg stand are also part of the SFSTs. And, once again, if done correctly, are good indicators of impairment ... though, in my opinion, not as conclusive as the HGN.


All the more reason why I am glad that we have phlebotomists do it and have not been trained or required to do the blood draws ourselves!


Never a good idea to be traveling with illegal drugs in the car.

As for the hearing, I believe most states - perhaps all of them - permit officers to appear at a license hearing by phone.


Which is why it is always a good idea to engage an attorney in these matters.


Why did they want to suspend the license? If not for DUI, then for what? Does Utah allow them to suspend for possession of drugs in the car? Or, for the reckless actions taken while driving? I would assume that there is some sort of authority code (statue) on the paperwork they sent you. What does it say as to the reason for the suspension?

No, the search is almost certainly still good. If they had probable cause to make the arrest, and your vehicle was subject to impound as a result, then the search is almost certainly good. The fact that they ultimately decided not to charge you with DUI does not mean that there was not sufficient probable cause for the arrest.

I didnt mean to make swerving into his lane seem like a small matter. Im sure i probably scared him. When he arrested me he said I failed 4 out of 6 tests. He also said he didnt think id been drinking and thought i was stoned. Which doesnt trigger the eyes to act in a way alcohol does. He used the results of the HGN test to assume I was under the influence. Its scientifically proven the thc doesnt trigger nystagmus. Also here in utah I can legally have weed if I have a doctors note. Which my Dr. is unwilling to provide me not because I woudnt benefit from it but because he is afraid of legal ramifications to his practice.. On a side note, my car was wrecked when I got it out of in pound the next day. The tow company didnt say a word about it and I almost left the lot with the back end of my car smashed.

 

[CdwJava]

I didnt mean to make swerving into his lane seem like a small matter. Im sure i probably scared him. When he arrested me he said I failed 4 out of 6 tests.

You specifically mentioned three. What other tests did he perform?

He also said he didnt think id been drinking and thought i was stoned. Which doesnt trigger the eyes to act in a way alcohol does.

No. Marijuana can trigger the eyes in different ways, but other drugs CAN trigger VGN and/or HGN. (As a note, I am a DUI instructor and a DRE - Drug Recognition Expert.)

He used the results of the HGN test to assume I was under the influence. Its scientifically proven the thc doesnt trigger nystagmus.

Marijuana is often a companion drug, so we find it as part of poly-drug use. The presence of VGN or even HGN does not rule out the presence of cannabis. Though he may not have even suspected marijuana until after the search. It all depends on whatever else he saw in his observations.

Also here in utah I can legally have weed if I have a doctors note. Which my Dr. is unwilling to provide me not because I woudnt benefit from it but because he is afraid of legal ramifications to his practice.

Which is why it was illegal for you to possess. If you had possessed it legally, you would not have been arrested or charged for it, I imagine.

On a side note, my car was wrecked when I got it out of in pound the next day. The tow company didnt say a word about it and I almost left the lot with the back end of my car smashed.

If the tow caused the damage, you may have to sue them. If the damage was the result of your driving, wellllll ...

 

[quincy]

In Utah, there is an automatic driver’s license suspension upon arrest on a DUI. You must request a hearing within 10 days of your arrest to challenge this administrative suspension.

If the DUI is dismissed, the driver’s license can be reinstated - however if you are convicted of possessing drugs, the license suspension is 6 months.

You should consult with an attorney.

 

[stealth2]

The walk-and-turn, and one leg stand are also part of the SFSTs. And, once again, if done correctly, are good indicators of impairment ... though, in my opinion, not as conclusive as the HGN.

I have an O/T question about this... Taking it to "the dark place". LOL

 

[CdwJava]

I have an O/T question about this... Taking it to "the dark place". LOL

Maybe it's my sleep-deprived brain, but, what's the question?

EDIT: Never mind ... found it.

 

[quincy]

There are myriad defenses possible to a DUI arrest and charge, which is why having an experienced attorney if you are arrested for impaired driving can be important.

Having a pre-existing medical condition that affects testing results is one possible defense.