What is the name of your state (only U.S. law)? Texas
I was at a concert in a restaurant/bar establishment this weekend, and upon leaving, my friend and I were stopped by an officer and were told that someone had reported us to have been drinking. We had not had anything to drink at all, much less an alcoholic beverage. I was given a field sobriety test, which I passed, then a breathalizer. I breathed into it as hard as I could, but I have asthma and a heart murmur, and was unable to breathe as hard as is required. After several tries, I was lightheaded and about to pass out. I asked if I could sit down a minute, then try again. I had previously explained to the officer about my health conditions. He said I could, but then put it up in his car, and refused to let me do it again, although I requested it.
We still had our black Xs on our hands that they put on minors, and had made no attempt to remove them. I took pictures of these after the incident. The officer questioned the 21 year old friends we had been sitting with for part of the night, and they confirmed we had not been drinking. Other people who were there also came up to verify this.
Previously my friend and I had been standing up at the front of the stage when the music started, and some other customer had a pitcher of beer up there, and was filling up other peoples' glasses (I had no glass, of course). As he did this, he was sloshing it around quite a bit, and some was spilled on me. The officer said that I smelled like alcohol, and since someone had reported me as drinking, he wrote us MICs. He said he wasn't writing us MIPs because he hadn't seen us drinking. I have a feeling I might know the girl who "reported" us because there was a girl there that was mad at my friend because she used to go out with her boyfriend. Stupid high school drama stuff.
I'm upset because I have a lot to lose by this happening, like scholarships, etc. which is why I would never have done something so dumb. I'm going to fight this; I'm going to ask the court to subpoena any video of the establishment that may have been taken that night. Any other ideas? Did that cop do everything by the book? Because all he went on was the hearsay of someone and the fact that I smelled of alcohol. I didn't fail the breathalizer, but he was unable to get a reading.
I was at a concert in a restaurant/bar establishment this weekend, and upon leaving, my friend and I were stopped by an officer and were told that someone had reported us to have been drinking. We had not had anything to drink at all, much less an alcoholic beverage. I was given a field sobriety test, which I passed, then a breathalizer. I breathed into it as hard as I could, but I have asthma and a heart murmur, and was unable to breathe as hard as is required. After several tries, I was lightheaded and about to pass out. I asked if I could sit down a minute, then try again. I had previously explained to the officer about my health conditions. He said I could, but then put it up in his car, and refused to let me do it again, although I requested it.
We still had our black Xs on our hands that they put on minors, and had made no attempt to remove them. I took pictures of these after the incident. The officer questioned the 21 year old friends we had been sitting with for part of the night, and they confirmed we had not been drinking. Other people who were there also came up to verify this.
Previously my friend and I had been standing up at the front of the stage when the music started, and some other customer had a pitcher of beer up there, and was filling up other peoples' glasses (I had no glass, of course). As he did this, he was sloshing it around quite a bit, and some was spilled on me. The officer said that I smelled like alcohol, and since someone had reported me as drinking, he wrote us MICs. He said he wasn't writing us MIPs because he hadn't seen us drinking. I have a feeling I might know the girl who "reported" us because there was a girl there that was mad at my friend because she used to go out with her boyfriend. Stupid high school drama stuff.
I'm upset because I have a lot to lose by this happening, like scholarships, etc. which is why I would never have done something so dumb. I'm going to fight this; I'm going to ask the court to subpoena any video of the establishment that may have been taken that night. Any other ideas? Did that cop do everything by the book? Because all he went on was the hearsay of someone and the fact that I smelled of alcohol. I didn't fail the breathalizer, but he was unable to get a reading.