Dui/dwi - Bac .000 Help!!

[JohnCurrier]

I was arrested in Walton Hills Ohio for DUI/OVMI. The breathalyzer registered .000. They requested I take a Urine Test and I submitted to it. However, I already know the results are going to be negative because I hadn't taken any drugs at all.

But still, I was arrested. In addition to DUI, I am charged with speeding (10 mph over the speed limit) and driving left of center (I swerved once while reaching to get my inhaler I dropped.) I was told I acted with courtesy and cooperation they rarely witness and my actions were not an indication I was Under the Influence.

The arresting officer’s notes state that I swerved twice and had red glassy eyes. In addition, the officer states I had an "Alcoholic Smell" on my breath. I freely admit to swerving once, but I don't believe I was speeding and frankly don't think my eyes were red or glassy. There was absolutely no alcohol on my breath because I hadn't had any in three days.

In my possession was a prescription for three prescribed medications - one for depression (non-sedating), one for ADHD, and one for a muscle relaxant (Non-narcotic.) I had not taken the muscle relaxant in three days. The arresting officer’s supervisor even gave me a ride to pick up my cloths in my rental car and back to my hotel. (Two towns away.)

I have never been charged with a crime in my life, except speeding. I've been stopped once for suspicion of DWI when I was 20, but quickly passed any FST.

I am embarrassed because this has happen on a business trip and I missed several critical appointments because of it. I have lost money because of this. I have incurred expenses from having the car towed.

I would like to know can I sue the city for false arrest, and if my name is listed in the paper, for slander?

Any help would be appreciated.

 

[TYRIS]

I was arrested in Walton Hills Ohio for DUI/OVMI. The breathalyzer registered .000. They requested I take a Urine Test and I submitted to it. However, I already know the results are going to be negative because I hadn't taken any drugs at all.

But still, I was arrested. In addition to DUI, I am charged with speeding (10 mph over the speed limit) and driving left of center (I swerved once while reaching to get my inhaler I dropped.) I was told I acted with courtesy and cooperation they rarely witness and my actions were not an indication I was Under the Influence.

The arresting officer’s notes state that I swerved twice and had red glassy eyes. In addition, the officer states I had an "Alcoholic Smell" on my breath. I freely admit to swerving once, but I don't believe I was speeding and frankly don't think my eyes were red or glassy. There was absolutely no alcohol on my breath because I hadn't had any in three days.

In my possession was a prescription for three prescribed medications - one for depression (non-sedating), one for ADHD, and one for a muscle relaxant (Non-narcotic.) I had not taken the muscle relaxant in three days. The arresting officer’s supervisor even gave me a ride to pick up my cloths in my rental car and back to my hotel. (Two towns away.)

I have never been charged with a crime in my life, except speeding. I've been stopped once for suspicion of DWI when I was 20, but quickly passed any FST.

I am embarrassed because this has happen on a business trip and I missed several critical appointments because of it. I have lost money because of this. I have incurred expenses from having the car towed.

I would like to know can I sue the city for false arrest, and if my name is listed in the paper, for slander?

Any help would be appreciated.

- What is OVMI? Under normal circumstances, urinalysis tests are only used when checking for the use of controlled substances.

If the Officer believed that you were driving under the influence of a controlled substance and can articulate why he believed it in his report, then he had probable cause to arrest you, regardless of whether or not you actually had any substance on board.

You can try to sue, but if the Officer had probable cause then i doubt it will go anywhere and will only cost you money. But if you feel it is warranted then it is within your right to try.

On a side note, if something untrue is verbally said about you and damages your reputation, it is "slander"... if it is written about you then it is "libel".


Tyris

 

[seniorjudge]

I was arrested in Walton Hills Ohio for DUI/OVMI. The breathalyzer registered .000. They requested I take a Urine Test and I submitted to it. However, I already know the results are going to be negative because I hadn't taken any drugs at all.

But still, I was arrested. In addition to DUI, I am charged with speeding (10 mph over the speed limit) and driving left of center (I swerved once while reaching to get my inhaler I dropped.) I was told I acted with courtesy and cooperation they rarely witness and my actions were not an indication I was Under the Influence.

The arresting officer’s notes state that I swerved twice and had red glassy eyes. In addition, the officer states I had an "Alcoholic Smell" on my breath. I freely admit to swerving once, but I don't believe I was speeding and frankly don't think my eyes were red or glassy. There was absolutely no alcohol on my breath because I hadn't had any in three days.

In my possession was a prescription for three prescribed medications - one for depression (non-sedating), one for ADHD, and one for a muscle relaxant (Non-narcotic.) I had not taken the muscle relaxant in three days. The arresting officer’s supervisor even gave me a ride to pick up my cloths in my rental car and back to my hotel. (Two towns away.)

I have never been charged with a crime in my life, except speeding. I've been stopped once for suspicion of DWI when I was 20, but quickly passed any FST.

I am embarrassed because this has happen on a business trip and I missed several critical appointments because of it. I have lost money because of this. I have incurred expenses from having the car towed.

I would like to know can I sue the city for false arrest, and if my name is listed in the paper, for slander?

Any help would be appreciated.

Q: I would like to know can I sue the city for false arrest, and if my name is listed in the paper, for slander?

A: No and no.

 

[JohnCurrier]

Q: I would like to know can I sue the city for false arrest, and if my name is listed in the paper, for slander? A: No and no.​

Well, I certainly appreciate your thourogh explantion.

 

[Obnoxious1]

Q: I would like to know can I sue the city for false arrest, and if my name is listed in the paper, for slander? A: No and no.​

Well, I certainly appreciate your thourogh explantion.

The paper would only be printing the truth which is that you were arrested. The police would only be reporting the truth to the paper, which is that you were arrested.

 

[JohnCurrier]

So, let me see if I get this right...

The paper would only be printing the truth which is that you were arrested. The police would only be reporting the truth to the paper, which is that you were arrested.

Ahh, I see. So, if I were arrested for, say, Child Molestation, Beastiality, Drug Smuggling, or Armed Terrorism without any basis in fact, then the police would merely be saying the truth and the press would merely be reporting the truth?

After all, as we all know, the public is always fair in weighing the results of the charges. Just ask Richard Jewel, Michael Jackson, or Clearance Thomas!

BTW, I'm having to submit the findings to my customer who has refused to hire me again until this matter is cleared up. But that's no basis for libel?

 

[dfw_girl]

I was arrested in Walton Hills Ohio for DUI/OVMI. The breathalyzer registered .000. They requested I take a Urine Test and I submitted to it. However, I already know the results are going to be negative because I hadn't taken any drugs at all.

But still, I was arrested. In addition to DUI, I am charged with speeding (10 mph over the speed limit) and driving left of center (I swerved once while reaching to get my inhaler I dropped.) I was told I acted with courtesy and cooperation they rarely witness and my actions were not an indication I was Under the Influence.



Any help would be appreciated.

Where did you take the urine test - On the side of the road when he stopped you? And if not, what were his reasons for taking you in if you in fact you registered a .000 for alchohol consumption? They don't generally take you in for speeding or swerving last I checked.

 

[JohnCurrier]

Where did you take the urine test - On the side of the road when he stopped you? And if not, what were his reasons for taking you in if you in fact you registered a .000 for alchohol consumption? They don't generally take you in for speeding or swerving last I checked.

Thank you for your reply:

Good questions!

When my BAC was .000, the supervisor on duty stated that the arresting officer felt I was under the influence of drugs. He explained to me that taking the urine test included the same stipulations as taking a breatherlyzer, that I could refuse but would surrender my privlidge to drive and I would still be charged with DUI. I consented, of course.

I took the urine test at the police station I was at to do the BAC test. I was given a cup, led to a cell and carefully observed as I gave a sample. These are standard procedures, I'm sure.

The reason for stopping me, in the officers arrest report, was that I swerved twice and was speeding 15 mph over the speed limit. I admit that I swerved once, trying to find something I'd dropped on the floor of the car. I can't dispute the speeding part, because frankly I didn't see a speed limit sign. This was a main road off of an interstate highway that is very straight, but does contain some residential properties.

Furthermore, in the report written by the arresting officer, the officer stated she smelled a "Strong Alcohol Oder." No comments were made or written concerning the sobriety test, except that during my drive to my hotel by the supervisor on duty, we discussed the "follow the pen" test. He stated I failed 4 out a 9 point test. I never moved my head so I assumed I'd passed. His comment was that it doesn't just test head movement by eye movement and eye reflexes, as well. I'd never heard of this but he assured me it's very standard procedure. I'm sure he is correct, but having seen anything else about it.

I believe my sobiety test by the road was taped. I repeated the directions back to the officer to ensure I was doing it correctly and never faltered while takeing it.

The Chief of Police even commented to my wife that I was very polite and followed every direction and request by the officers, it was noted.

I've now encured an expense of $500 for towing and storage by the rental car company. I'm sure I'm banned from renting a car from them, as well.

Any advice?

 

[JohnCurrier]

Thanks

If the UA comes back negative your in the clear. Then talk to an Ohio attorney. Maybe your civil rights were violated but a lawdog can only determine that.

Thank you for your reply.

I'm certain it'll be clear. I don't take recreational drugs and the medications I do take were in their original prescription bottles and carefully labeled. One drug I am prescribed is a very strictly controled substance, but I take it once a day and I hadn't taken it since the very, very early morning (like 5 am, I was arrested at 10 pm) and the dosage was as prescribed. The prescription drug is non-narcotic and wouldn't influence my driving at the dosage level I'd taken.

I've talked to a lawyer previous, just over the phone, and he stated that it could require a $1000 retainer. Frankly, it's not worth that if I'm only going to recover the $500 I'm out for towing. Furthermore, I live two states away and would have to clear my schedule to take any extensive leave of absence. For a small business owner, this isn't easy.

BTW, I am a 37 year old, white male. I wear business casual cloths, have a neatly trimmed beard, weigh 240# and don't wear glasses. I am an IT consultant, if I hadn't mentioned that previously. Not certain if this matters, but I thought I'd offer it anyway.

Any attorney's worth taking my case would be appreciated!

 

[CdwJava]

Ahh, I see. So, if I were arrested for, say, Child Molestation, Beastiality, Drug Smuggling, or Armed Terrorism without any basis in fact, then the police would merely be saying the truth and the press would merely be reporting the truth?

Presumably, yes.

If you are arrested, the arrest has to be supported with probable cause. if the judge rejects the declaration of probable cause then the arrest MIGHT be viewed as a false arrest. But, an arrest for probable cause does not mean that the crimes were IN FACT committed, only that the officer had good cause to believe that a crime was committed and that the person arrested committed the crime(s) alleged.

The media has a right to request certain public information - such as what a person was arrested for. In most states this includes the name, gender, age, home town (even address) of the suspect and the charges he/she was booked on. Most papers are careful to include the words "alleged" or similar phrasing.

After all, as we all know, the public is always fair in weighing the results of the charges. Just ask Richard Jewel, Michael Jackson, or Clearance Thomas!

Fairness is in the eye of the beholder.

BTW, I'm having to submit the findings to my customer who has refused to hire me again until this matter is cleared up. But that's no basis for libel?

No.

A defense to libel is the truth. Truth: You were arrested for suspicion of DUI. What your customer chooses to do with that information is beyond the control of the police or the media. In fact, the police could likely be found liable for withholding your information to the media!

- Carl

 

[CdwJava]

I'm certain it'll be clear. I don't take recreational drugs and the medications I do take were in their original prescription bottles and carefully labeled. One drug I am prescribed is a very strictly controled substance, but I take it once a day and I hadn't taken it since the very, very early morning (like 5 am, I was arrested at 10 pm) and the dosage was as prescribed. The prescription drug is non-narcotic and wouldn't influence my driving at the dosage level I'd taken.

Specifically, what were the medications taken and at what dosage?

Many medications will provide physiological indicators that lead a reasonable officer to believe they are impaired. Most these drugs are psych. drugs. There is one common drug in particular that will mimic almost all the symptoms of being under the influence of a CNS stimulant such as methamphetamine. In all my years I have been wrong on an evaluation twice - and both times it was because of this one drug. However, because I was wrong did not give rise to any liability. My evaluation and observations provided ample cause for me to make the arrest.

Also, in addition to the possible physical side effects of any medication you take, it IS possible to be legally impaired on your own prescription medication. Whether the chemical tests come back positive or not really depends on whether the agency's lab tests for it or not. And if they do test for it, if the particular drug does not have a "cutoff" level where the courts have established a presumption of impairment, then the test will come back "negative". Even medications taken in the dosage as prescribed can cause impairment - especially if taken in conjunction with other drugs or even alcohol.

So, while you MAY have a case against the police for something, chances are pretty good that unless the officer completely biffed his observations the arrest will be considered perfectly lawful based upon probable cause.

- Carl

 

[CdwJava]

Often small jurisdictions will charge you high and plead down because by state law DWI fines have to be paid to the state. If you plead to a lesser charge they keep it all..................? its a fact of life in TX.

Interesting ... not so in CA. And I'm not sure about Ohio ... but they have a lot of laws that allow for different offenses and violations at state and local levels so something might be similar there.

- Carl