Dark Street Pulled Over

[Jam223]

What is the name of your state? Pennsylvania
So I work at a bar and I finish at about 2am. I have two shift drinks. I'm 260 pounds. I leave at about 2:20am with the rest of the staff and head home my usual way. About five minutes later I'm stopped at a light and up ahead I can see a police car is parked on the sidewalk without it's red and blues on. Instead it has a yellow light blinking from right to left in a line. A little closer to me I see a white van parked in the middle of the road (two lanes on each side divided by a middle turning lane) The van has no lights on and then I realize it's a paddy wagon. I notice it was also way darker than usual. That's when I figured out that some kind of accident must of took place. So I proceed ahead cautiously. As I get closer I can see a fire hydrant knocked over and then suddenly there were three officers in front of me and I slammed on my brakes. The cop yelled out to me to roll down my window. I did and he instructed me to pull over. I did and he walked over to my car and said, "you almost f'ing killed us". I told him I saw them and that it was just dark. Right away he asks if I was drinking. I know I smell like alcohol, again I work in a bar. I told him I had a drink before I left. He asked me to do a breathalyzer and I refused. I wanted a blood test because I don't trust breathalyzers. So I was arrested and they brought me to the station. They asked if I would do a breathalyzer and I said no. I was taken to a cell. I told them I wanted a blood test and they said "they were past that now". So now I'm being charged with DUI. I went back to where I was arrested the next day and took photos, 2 street lights were knocked out due to the accident. I received my citation in the mail and it says I "failed to obey police signal/command". How can this be? The cops were standing in the middle of the road at night with no reflective vests, or flares, lights on their car, or cones down. I complied with their command as soon as I could. How is braking in time to prevent an accident a crime. If I was impaired something much worse could have happened!

 

[quincy]

So I work at a bar and I finish at about 2am. I have two shift drinks. I'm 260 pounds. I leave at about 2:20am with the rest of the staff and head home my usual way. About five minutes later I'm stopped at a light and up ahead I can see a police car is parked on the sidewalk without it's red and blues on. Instead it has a yellow light blinking from right to left in a line. A little closer to me I see a white van parked in the middle of the road (two lanes on each side divided by a middle turning lane) The van has no lights on and then I realize it's a paddy wagon. I notice it was also way darker than usual. That's when I figured out that some kind of accident must of took place. So I proceed ahead cautiously. As I get closer I can see a fire hydrant knocked over and then suddenly there were three officers in front of me and I slammed on my brakes. The cop yelled out to me to roll down my window. I did and he instructed me to pull over. I did and he walked over to my car and said, "you almost *** killed us". I told him I saw them and that it was just dark. Right away he asks if I was drinking. I know I smell like alcohol, again I work in a bar. I told him I had a drink before I left. He asked me to do a breathalyzer and I refused. I wanted a blood test because I don't trust breathalyzers. So I was arrested and they brought me to the station. They asked if I would do a breathalyzer and I said no. I was taken to a cell. I told them I wanted a blood test and they said "they were past that now". So now I'm being charged with DUI. I went back to where I was arrested the next day and took photos, 2 street lights were knocked out due to the accident. I received my citation in the mail and it says I "failed to obey police signal/command". How can this be? The cops were standing in the middle of the road at night with no reflective vests, or flares, lights on their car, or cones down. I complied with their command as soon as I could. How is braking in time to prevent an accident a crime. If I was impaired something much worse could have happened!

What is the name of your state?

Could you please edit your post? We understand what expletives are without having them spelled out. Thanks.

 

[adjusterjack]

If I was impaired something much worse could have happened!

Denial is not just a river in Egypt.

With two drinks in you, you WERE impaired.

Your judgment was impaired enough to refuse the breathalyzer which is an automatic penalty under your state's implied consent laws.

You need to stop asking "How can this be?" and hire yourself a lawyer.

In the future if you are going to drink on the job, leave your car at home. Otherwise you are destined to rack up DUIs.

 

[Jam223]

Denial is not just a river in Egypt.

With two drinks in you, you WERE impaired.

Your judgment was impaired enough to refuse the breathalyzer which is an automatic penalty under your state's implied consent laws.

You need to stop asking "How can this be?" and hire yourself a lawyer.

In the future if you are going to drink on the job, leave your car at home. Otherwise you are destined to rack up DUIs.

I have hired a lawyer and he agrees with me. But no surprises there. Can you please provide me with a resource that shows that a 260 pound man is legally intoxicated after two beverages?

I am aware of the penalties of not submitting to a breathalyzer. I was fine with doing a test. I wanted a blood test as that data cannot be so easily manipulated.

 

[adjusterjack]

I have hired a lawyer and he agrees with me

Good for you.

Instead of defending what you did, why not say "I'll never drink and drive again."

 

[quincy]

I have hired a lawyer and he agrees with me. But no surprises there. Can you please provide me with a resource that shows that a 260 pound man is legally intoxicated after two beverages?

I am aware of the penalties of not submitting to a breathalyzer. I was fine with doing a test. I wanted a blood test as that data cannot be so easily manipulated.

There is more to intoxication than the weight of the person drinking.

 

[Jam223]

Good for you.

Instead of defending what you did, why not say "I'll never drink and drive again."

Because it's not illegal to have a drink and get behind the wheel of a car. Once again, I was able to respond in a timely manner to avoid an accident. I was also able to do so under poor driving conditions.

 

[Jam223]

There is more to intoxication than the weight of the person drinking.

No doubt. There is also the type of drink and tolerance.

 

[quincy]

Here is a link to breath test procedures with summaries of court decisions (including on test refusals):
https://www.pacode.com/secure/data/067/chapter77/s77.24.html

You made a couple of mistakes, not the least of which was drinking before driving. You admitted to the police that you consumed alcohol and you refused to take the breathalyzer test.

You will need to rely on your attorney. And you will need to find another mode of transportation for a year.

 

[Jam223]

Here is a link to breath test procedures with summaries of court decisions:
https://www.pacode.com/secure/data/067/chapter77/s77.24.html

You made a couple of mistakes, not the least of which was drinking before driving. You admitted to the police that you consumed alcohol and you refused to take the breathalyzer test.

You will need to rely on your attorney. And you will need to find another mode of transportation for a year.

My attorney thinks that the stop was not justified, especially for the reason cited on the citation. I'm aware of the procedure for breath test. I requested a blood test and was denied, which is another thing my lawyer intends to bring up.

 

[quincy]

My attorney thinks that the stop was not justified, especially for the reason cited on the citation. I'm aware of the procedure for breath test. I requested a blood test and was denied, which is another thing my lawyer intends to bring up.

You need to rely on your attorney's advice. I see defenses available to you but the officer's observations and testimony make for pretty compelling evidence.

 

[Jam223]

You need to rely on your attorney's advice. I see defenses available to you but the officer's observations and testimony make for pretty compelling evidence.

And what observations are those? That I was able to avoid hitting him while he's standing in the middle of a dark street? Answer him truthfully and comply with his requests and ask for a more accurate test?

 

[quincy]

And what observations are those? That I was able to avoid hitting him while he's standing in the middle of a dark street? Answer him truthfully and comply with his requests and ask for a more accurate test?

I imagine the story told by the officers will differ from yours.

 

[TigerD]

I have hired a lawyer and he agrees with me. But no surprises there. Can you please provide me with a resource that shows that a 260 pound man is legally intoxicated after two beverages?

If they were standard beverages, it is not possible for you to be intoxicated.

I am aware of the penalties of not submitting to a breathalyzer. I was fine with doing a test. I wanted a blood test as that data cannot be so easily manipulated.

You have attorney, you should talk to him or her about your case.

TD

 

[mjpayne]

Because it's not illegal to have a drink and get behind the wheel of a car. Once again, I was able to respond in a timely manner to avoid an accident. I was also able to do so under poor driving conditions.

The problem is that you refused the test. You don't get to choose which one you take, the cop does. The only choice you have that's in the law is the choice regarding an additional test.

(h) Test by personal physician.--The person tested shall be permitted to have a physician of his own choosing administer an additional breath or blood chemical test and the results of the test shall also be admissible in evidence. The chemical testing given at the direction of the police officer shall not be delayed by a person's attempt to obtain an additional test.

As someone who drives after drinking, you should have looked up the law in your state before this happened. Cops can tell you to take the test if they have reasonable grounds to suspect drunk driving, which they obviously did given that they saw you driving and and you admitted to drinking before that. Doesn't really matter now if you were actually drunk or not. I think you're probably screwed.