Dark Street Pulled Over

[adjusterjack]

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.

You'll have to come back and tell us how things turn out after you go to court.

 

[CdwJava]

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?

No one claimed you were "intoxicated". The allegation is that you were "impaired". There IS a difference.

Most any amount of alcohol will result in some small measure of impairment. The question is whether that level of impairment would be sufficient to violate the law. Depending on the nature of the drinks and the time span, you could have been anywhere north of .02. And while .02 is not impaired, per se, it can be sufficient enough to be observed.

Did you submit to any of the field sobriety tests? Were you arrested right as you stepped out of the car, or did they speak to you for a bit before they arrested you?

Also, you state you received a citation in the mail for failing to heed a police signal or command. Does that mean you were NOT charged with DUI? Or, was that the reason you were contacted?

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.

The breath test cannot be easily manipulated, either. People that believe it can be have little or no knowledge of the machines in use today.

 

[Zigner]

...suddenly there were three officers in front of me and I slammed on my brakes.

That I was able to avoid hitting him while he's standing in the middle of a dark street?

Were your headlights functioning? If so, why did you, when traveling at "slow speed" have to "slam" on your brakes to stop for officers in the middle of the road? The fact that you had to slam on your brakes to stop would make it seem that you might be impaired (giving reason for the stop).

 

[NeilTheCop]

"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'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 contradiction there.
You saw a parked police car with moving yellow lights on its roof mounted light bar, that should be a bit of a clue that there would be police officers about and you should be looking for them especially as you had just consumed alcohol.
Get an attorney, a really good DUI attorney.