Bad DUI bust

[Foul Mike]

My nephew was pulled over with all the lights etc. for DUI
He works at a store that closes up late like 12PM and on his way home he dodged one of the many feral cats and 2 blocks later was lit up by the local SO for DUI.
He was charged with DUI, not driving in a straight line, and anything else the LEO could think of.
Off to the hospital for a blood test and down to jail for a breath test.
ALL came up negative. 0000000.00
He did the roadside sobriety tests and failed,would we all not fail as they are geared to getting drunk drivers off the road?}
He was incarcerated for 12 hour, like overnight, and his wife was told by the arresting officer that he was clearly drunk. Smelled of alcohol, slurred speach, all of the Buzz words when writing someone up, and all Bullshit.
For all of the LEOs that are honest and the legal lawyer types, I am wondering if there is not recourse for him?
He went to court and all charges were dropped except for him dodging the cat, for that he was fined $35 plus court charges that brought the fine up to over$100.
I think he got screwed, the officer involved can be found in the dictionary under arrogance his picture is right there with his supervisor.
He pled guilty to dodging the cat but all of the things that the arresting officer wrote up are all false and charges dropped but they had to get him for something.
He told me,"Unk, I just wanted out of there," 4 weeks after the stop and no one can say STOP?
Regards, FM

 

[Foul Mike]

Re: Bad DUI bust

Keep in mind that all tests came up 000000, and he still believes that the cops are there to protect you. kinda stupid.
I hope so as he really got a screw job.
My farm would pay for a GOOD lawyer to take this to the next level and we had a good harvest this year so have a buck or 2. Just sayin. Regards, FM

 

[KYS]

Re: Bad DUI bust

Sniper's Hide is not the place to come for legal advice. I would consult with your DA or local lawyer.

 

[Krav69]

Re: Bad DUI bust

Get an attorney and go straight to the DA.

The Sterling, CO area is so full of meth labs that I wonder just what the cops were doing wasting their time on your nephew.

Also, get the arrest off his record. He'll have the arrest listed but not necessarily the disposition of the case, and his "arrest record" could haunt him forever.

I can see it now, "So, you've been arrested for DUI", states the future employer.

"Yeah, but I wasn't drunk and the charges were dropped".

Future employer: "Yeah right, they all say that..."

 

[The Mechanic]

Re: Bad DUI bust

Never consent to a field sobriety test.

 

[High Binder]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>

I think failing to consent requires a mandatory arrest and blood test in most states ... right?

 

[jcfd2201]

Re: Bad DUI bust

We used to do a lot of blood draws for the SO here on people that refused to do FST's or BA's. Here in AZ you are going to get tested one way or another. The SO finally sent some deputies to phlebotomy classes and now they do their own draws.

As for your nephew's case I would contact a "power" attorney in the area and see what they advise. Krav69 metnioned the arrest will still be on his record unless he takes action to have it removed!

 

[Killer Spade 13]

Re: Bad DUI bust

Ya know, this kind of scares me. I think if I were in that position, and knew FOR CERTAIN that I was sober and had not been drinking, I would demand a blood test from THE HOSPITAL and request that the attending nurse/PA or whoever, take and save for me a sample of the blood drawn for the law agency which had made the arrest.

Have the attending medical person seal the blood sample and have them put a finger print upon the tamper proof seal as a guarantee as a train of evidence.

Just waaaaaayyyyy to easy to get away with falsified DUI's.

 

[Foul Mike]

Re: Bad DUI bust

KY 338 I understand. Didn't mean it that way, just asking the Hide for oppiniouns.
To all others, I appreciate your input.
Nephew insisted that blood and breath tests go at the hospital.
I am sure he got both at the hospital, then went to jail and blew the test there also.
All were 000000.
I guess what I am asking is would it be too much for the officer to come by and say, "I'm sorry."
And then say something like,"I made a mistake and I am sorry your sad ass slept in my jail for a night and not at your home that you have owned for the last 26 years."
A lot to ask, but it might bring some thoughts on.{didn't happen]
I think,,, Sue their asses, let the chips fall where they do the most good. Regards, FM

 

[Slapchop]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>

I think failing to consent requires a mandatory arrest and blood test in most states ... right? </div></div>

Yea, pretty much. Hence why it was well advised by the one poster who stated that the hide isn't the place to come for legal advice. Retain an attorney.

 

[Rookie]

Re: Bad DUI bust

If your nephew doesnt care, chances are, the officer's supervisors wont either. Have him file a complaint against the officers and stay involved until it is resolved. Also talk to DA. False arrest/imprisonment is a crime. And so is falsifying a government record when a police officer swears on an arrest report that he smelled of alcohol. Was the arrest recorded on video? Request a copy for the DA.

 

[Foul Mike]

Re: Bad DUI bust

Thanks too all for your advice.
If there was a tape of it I feel certain it was by now taped over and/or otherwise destroyed.
All it would have taken was for somebody to have MANNED up.
Admit your mistakes, none of us are perfect and all fail at some time or another. Admit it or get ready. Regards, FM

 

[PGG]

Re: Bad DUI bust

That sucks good luck PG

 

[The Mechanic]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Slapchop</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>

I think failing to consent requires a mandatory arrest and blood test in most states ... right? </div></div>

Yea, pretty much. Hence why it was well advised by the one poster who stated that the hide isn't the place to come for legal advice. Retain an attorney.</div></div>
Legal advice was given to me on this very thing. Here in Kalifornia if you get to the field sobriety test you are already going down and all the FST will do is go against you. The real test is blood. You can get your own legal advice but this was given to me when I paid for an attorney for a life long friend many years ago and no it was not me. I NEVER have even one beer and get behind the wheel. It would be the end of a career and more. Just not worth it under any circumstances.

 

[UKDslayer]

Re: Bad DUI bust

Did he really "fail" the sobriety test or was the officer fabricating that? I know a lot of guys who do shift work can have balance issues created by altered sleep patterns; not to mention difficulty with gait and slurred speech can be a sign of a neurological condition such as MS. One of the tests in a field sobriety test will also be failed if the person has tertiary syphilis...

 

[Numb_Skull]

Re: Bad DUI bust

My stupid ass brother just got a DUI in Mesa, AZ. With a good attorney the breathalyzer and blood test were both thrown out in court.

All he had to do is pay the fine, lawyer got him out of the 24 hr lockup as well.

With a good enough attorney you can get out of anything.

 

[Rookie]

Re: Bad DUI bust

Recording over a video of a crime is tampering with evidence. Again, a crime.

 

[Kabulpostie]

Re: Bad DUI bust

Not sure how other states work, but in Washington refusal to take a field sobriety test carries some consequences, if I remember correctly you will lose your license for a year. Not sure how it works out if the blood test comes back clean, but I imagine the penalty sticks.

 

[Ledzep]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: kabulpostie</div><div class="ubbcode-body">Not sure how other states work, but in Washington refusal to take a field sobriety test carries some consequences, if I remember correctly you will lose your license for a year. Not sure how it works out if the blood test comes back clean, but I imagine the penalty sticks. </div></div>

I believe there is a similar system in Virginia. I vaguely remember it from high school.

Basically amounts to "You use OUR roads, you abide by our rules."

 

[delfuego]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>

I think failing to consent requires a mandatory arrest and blood test in most states ... right? </div></div>

You go down to the station and submit to the blood (BA) test. Refusing that will get you an automatic 1 year suspension though. Never agree to the roadside test, it's only there to screw you. This comes from ALL me LEO buddies, good advice...

 

[SniperCJ]

Re: Bad DUI bust

Oh where to start...

Since non one posting on SH was there, we'll have to make some supositions of course. And Im in TX so it might be different than CO.

1) Most of the time you cant / wouldnt charge traffic violations (fail to drive in single lane, run stop sign, etc) with a DWI, since those traffic charges are 'elements of the offense' to DWI. There have been issues with the DWI getting thrown out if the 'element' charges get adjudicated first.

2) If all the charges were dropped except 'dodging a cat' (never heard of THAT statute...) there shouldnt BE a record of an arrest for the other charges. Dropped as opposed to adjudicated. The only arrest should be for whatever charge was adjudicated.

3) If the arrest was made in 'good faith' ie, 'Here's why I thot he was DWI and arrested him', then good luck with that lawsuit. He will have Good Faith Immunity.

4) The videotape of the incident will not have been copied over or destroyed as part of some conspiracy theory. Puh-leese.

5) If there was no crime, since the DWI charge was dropped, copying over the videotape is not destroying evidence. Oh wait, conspiracy theory...

6) Drugs dont show up on a blood or breath test for alcohol. Just sayin...

 

[Foul Mike]

Re: Bad DUI bust

I thank you all for your advice.
This is a bad deal and someone needs to get their tail feathers trimmed.
I was down at the JUSTICE CENTER when this went down to help my nephew. Not much Justice that I could see.
I wish more LEOs would come forth and say why the deal is good or put their opinions out as to how an Officer would do that.
I hope that happens as I would like to see it from the other side. So far I am not impressed.
We do not want to be bad citizens but do want our LEOs to be good and trustworthy. If stepping on someones toes is what it takes, we will do that.
If someone knows of an attorney that does this type of case I would like to know who he/ she is.
There comes a time that you want to step up to injustice and I feel that time is here for me now.
Thank you all for your input. Regards, FM

 

[High Binder]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: SniperCJ</div><div class="ubbcode-body">
4) The videotape of the incident will not have been copied over or destroyed as part of some conspiracy theory. Puh-leese.

5) If there was no crime, since the DWI charge was dropped, copying over the videotape is not destroying evidence. Oh wait, conspiracy theory...
</div></div>

It happened in that Nevada case where a CCW holder was shot in a Costco. It borders on a conspiracy theory and 99% of the time it probably is, but it does happen.

 

[Switchblade]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jcfd2201</div><div class="ubbcode-body"> The SO finally sent some deputies to phlebotomy classes and now they do their own draws.

</div></div>

no freakin WAY! Really??? Sorry but not my arm or my vein, hell no! Not to mention the obvious conflict of interest, lack of expereince and training, hell NO! Want to see resisting arrest, take out a needle and walk toward me, oh hell no!

 

[Joebill]

Re: Bad DUI bust

I'm sorry from the LEO that will never happen

 

[gimpy]

Re: Bad DUI bust

I have a hard time seeing them destroy evidence. I can tell you from personal experience that when you offer to bring in forensic experts to cover the video the tape suddenly has less problems. It could be possible that the would stoop to that level, but even as much revenue as Colorado generates from DUI, even they wouldn't do that.

 

[Dagsta]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Foul Mike</div><div class="ubbcode-body">I thank you all for your advice.
This is a bad deal and someone needs to get their tail feathers trimmed.
I was down at the JUSTICE CENTER when this went down to help my nephew. Not much Justice that I could see.
I wish more LEOs would come forth and say why the deal is good or put their opinions out as to how an Officer would do that.
I hope that happens as I would like to see it from the other side. So far I am not impressed.
We do not want to be bad citizens but do want our LEOs to be good and trustworthy. If stepping on someones toes is what it takes, we will do that.
If someone knows of an attorney that does this type of case I would like to know who he/ she is.
There comes a time that you want to step up to injustice and I feel that time is here for me now.
Thank you all for your input. Regards, FM </div></div>

Couple of questions Mike
1) was his failure to pass the Field Sobriety test on video also.
2) did your nephew state to you why he thought he failed the Field test.
3) was he on some kind of medication that would have caused this failure

I see a couple of real issues here.
Officer had probable cause for the traffic stop because of the swerve in the vehicle.

Let's assume he sensed the driver was impaired, or lets just say he wanted to make sure that he wasn't.

Administered a Field Sobriety Test and your nephew failed it.

What would you have done at that point? Let him get back in the car and say "Have a nice evening"

I'm not siding with the officer nor am I siding with your nephews version. Just looking at the facts present.

There are many impaired drivers on the road that aren't alcohol impaired. And they in fact cause many fatality related accidents.

Just my humble opinion is that you would squander away your hard earned money trying to "trim some tail feathers"

Be it though, I'm sure the arrogance part should have been left out of the encounter. There is no place for that in our profession. Had your nephew been able to get out of the car and tell the officer "I swerved trying to avoid hitting a cat" and even if the officer would have said " Let's be sure will you submit to a Field Sobriety Test" And your nephew passed, none of this would have happened.

I will agree that if a false statement was made that the "smell of alcohol" was present then that is bullshit.

LE doesn't get any points for running around arresting totally innocent people for DUI's. Matter of fact they wouldn't last very long on the job if they did. And contrary to what some of you flamers think, it doesn't happen very often.

I'm sorry that your family had to endure a very unpleasant experience, and I am glad the dropped charges reflected there was no presence of alcohol, just thought I'd drop an opinion before you spend your hard earned money.

 

[Switchblade]

Re: Bad DUI bust

Innocent people are being killed by negligent police who do not do due diligence in their investigations or arresting procedures. Th eonly thing we can see is that there needs to be recourse where ther is none. The only recourse left is to resist when innocent. An innocvent man has teh right to resist, especially if he/she is about to become a victim of incompatance. When there is no longer reason for this stance, that may be a good time to stand down, but until then, I personally see no recourse fo rinnocent people who are being killed or victimized by negligent officers who do not do the righ thing. They also lay bad light upon those who do, and those who follow procedures correctly, do their due diligence and finalize all actions the correct and right way.
I just wish I could find a really truly good cop to come talk to the assclown who is teaching law enforcement students how to make illegal searches look legal by lieing. Having heard that, I am totally disgusted with what that individual is teaching people who are supposed to uphold the lwas, only to break them while doing so.

 

[Graham]

Re: Bad DUI bust

SniperCJ and Dagsta are making sense.

We don't have all the facts. What was the nephew charged with? What did he get convicted of? Dodging a cat is neither a crime nor a civil infraction. And when was the blood test administered?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MintyCock</div><div class="ubbcode-body">With a good enough attorney you can get out of anything.</div></div>Spare me. A fool and his attorney are soon parted.

 

[Tactical]

Re: Bad DUI bust

CJ makes alot of sense. Since my job for many years was to review all arrests before having them taking to DA for possible charges I can shed some light here. This could be:
1. Honest mistake by officer
2. Fucked up officer
3. Not the whole story.

No some commenst bring up some issues:

1. I believe in every state if you refuse tests your license is suspended for refusal.
2. Some departments will force blood draw because its evidence. Now most I know of will only do this for a felony and not dui but some do for dui.
3. If you think you will resist a forced draw you wont. Quit kidding yourself. I remeber the Rapist who told me I would never get his blood. Well I did and he probably wont resist again when he gets out of jail in about twenty more years. Only an idiot thinks they can fight back and not loose.
4. Officers in the field make these arrests on probable cause based on what they see. The test results dont even have to be included for the arrest but help in prosecution.
5. If a officer has a camera on his unit the tape will be placed into evidence to hlp with case. Costco not keepinga tape and someone forgetting to get it from Costco is not the same as a tape started and kept in police custody. An exaple is most Dispatch tapes are kept over a year unless flagged as evidence in which they become part of the case file and kpet as long as needed.
6. The first place this needs to go if the officer did wrong doing is Internal Affairs. Make the complaint there and see what happens. If the officer is making bogus arrest he will get messed with by department because no Chief these days wants complaints of any type. Just too much pressure these days for no problems from unhappy folks in communities.
7. If you get no satisfaction there get a lawyer and make the case in court.

 

[Maggot]

Re: Bad DUI bust

When I was a kid you grew up with and went to school the local cops. They knew better than to pull this kind of crap because every one knew where to find them and how to deal with the bad ones.

Now it seems that most, who are hired by the citizens, to REPRESENT THE LAW, seem to feel that they are ABOVE THE LAW, and can treat the citizen with disrespect and abuse. What ever happened to serve and protect?

There was a time when I felt some affinity with the police, and considered my self as the second line of defense. NO MORE.

 

[fpdsniper]

Re: Bad DUI bust

Lot's of really bad advice here, and "some" good advice. Dagsta is correct on many things. Condemning police and their procedures is a favorite past time of MANY people. It should be noted that the vast majority of these people:

A. Have ZERO law enforcement experience or training.

B. Get their advise from internet forums.

C. Often hold grudges against the police for their past mistakes-blaming the police for their very own actions.

D. Only have one side of any given story.

E. Think that the law in their state, is the law in all states.

There is probably a lot more that I will think of after posting this. Now, I'll address a few things here. First, you always see someone post "Never take Field Sobriety Tests" Really? Why? If you are truly innocent, you may be saving yourself from an arrest. On that same line, let me ask you a question. Let's say your spouse or family member, friend, whatever is hit by a drunk driver and killed. (God forbid...) The drunk then refused to take any sobriety tests, and his greasy lawyer gets him acquitted of the DUI charge. How do you feel about possibly being the one that gave him the advise to not take field sobriety tests? Will you be the one then screaming for justice because the police/prosecutors/judges "didn't do their jobs"? (I rarely get an honest answer for that one)

In my position, I get lots of phone calls and visits from family members and friends of people we arrest claiming that what we did was wrong, blah, blah, blah. Earlier this week, we arrested an individual for burglary of a local bar. His family came unglued, accuse us of false arrest, yada, yada. I simply tell them that's why we have courts, and they may want to hire a lawyer. What I didn't tell that is that we have their "innocent and being harassed by the evil police relative" on VIDEO breaking into the storage area, and taking the nice big screen TV. It's funny how we never get an apology from these people. Hmmm. Anyhow, those of us that actually are police officers know that DUI arrests are very time consuming and involve lots of paperwork. We are not in the business of knowingly making bad arrests. Can it happen? Sure. But those cases are far and few in between. If I see one of my officers has made a bad arrest for DUI, I will meet with that officer to see what the problem was. But as it's been sad above, there are a lot of other "intoxicants" that give the same indicators of DUI that aren't alcohol. Given that info, how many times do you think an arrestee that had a case dropped will admit to anyone that he was really high on something causing his erratic driving? That's correct, probably none. But what he WILL do is tell everyone he knows that he was wrongly accused of DUI, and that the police obviously decided that wanted to "harass" him and do a bunch of paperwork for nothing. I'm not saying that's what happened in this case, but guess what? No one here can say it didn't happen that way either, now can they? Oh, one other thing. Switchblade- You said that an "innocent man has the right to resist". Wow. Horrible advise that can get someone arrested or killed. In Illinois, you do NOT have the right to resist, ever! Besides that, there is a big difference between being innocent and "believing" that you are innocent! We deal with people all the time doing things that they weren't aware is illegal. If they resist arrest as you advised them to, they are going to make things a lot worse for themselves. I urge everyone to not take legal advise from internet forums. You can easily do more harm to yourself than good.

 

[Foul Mike]

Re: Bad DUI bust

Some good input here and I thank you.
He thought he did fine on the field sobriety tests, but did have to reset his foot when asked to hold one foot off the ground.
He was told to hold one foot off of the ground and did so immediatly but his other foot was not stable due to a crack in the pavement so put it down and held his foot up again. He held that foot up until told to take it down.
He didn't know how long the Officer wanted him to hold it but did need to re-postion his foot to commence the test.
Probably probable cause at that point but he did do the test until told to lower his foot.
Is it on tape? I don't know for sure but we are asking for that without an attorney and it is not forthcoming.
He takes no drugs at all, prescription of otherwise.
They went to the hospital for a blood draw, BA test and at his request a drug test. All were 0000.00
He was taken to jail and blew the machine there. Results 0000.
Interviewed by the officer who wrote,"Strong odor of alcohol, slurred [speach] his spelling not mine, failed field sobriety tests."
At this point I would think the officer would think that since all tests at the hospital and his insistence on a drug test would give me cause to rethink this. A hair sample was taken also at the nephew's request and that has come back 0000. He paid for the tests.
Off to jail, nephew mad as hell at this point but cooperative.
Any thing he asked the officer was answered in a way that was condescending or smart ass. This officer never made a mistake before.
Held in the drunk tank for 12 hours then shown the door. "Take a walk."
In answer to other questions as to why the Officer would hold him, Nobody wants drunks or others impaired on the road, however, when all your test come up 0000 do you not have to re think things and maybe, just maybe, cut some slack as you have a well dressed, clean citizen, businessman of long standing and if you are in doubt about things give him a ride home and tell him not to move the vehicle? Wait for the test results and then go Git Him?
All test results were 0000. So why should we not want a piece of you as the drunk tank isn't a nice place to stay. Regards, FM

 

[Foul Mike]

Re: Bad DUI bust

After thinking about what I posted, I am sure some of my words were not right.
"Trim his tail feathers."
Not nice, however, I should have said ,"I hope he gets more training and can talk to people in a way that doesn't make them feel they are the law breaker."
I went down to bail my nephew out, not get into it with the LEO.
By the time I left, I knew I could do nothing for my nephew as the "Mind Set." was on. What a prick.
Thank you all for your input and I will take it as advice.
You catch a lot more flies with honey than salt.
This hole needs some training and if he were in BCT or AIT he would have gotten that.
With that said, I thank you all for your input. Regards, FM

 

[Tactical]

Re: Bad DUI bust

Foul Mike, Blood or urine drug tests take several days for results to come back. Some jurisdictions are so busy these results may take months. Breath is only right here right now test available

Fuck everyone makes mistakes and I see lots of hate toward police because of various reasons. Many times because they got caught. Some times because we fucked up.

After 25 fucking years doing it I am glad I dont have to put up with the Bull Shit anymore

You get the communities you accept.

 

[Unknown]

Re: Bad DUI bust

It has been said before, but for legal advice, speak with an attorney.

Things to consider in addition to the police officer's lack of honesty.

In many state, DUI or DUII can be alcohol and/or drugs. So even though the Breath test showed no alcohol, that does not mean he was "clean". But, no one can prove a negative...so it is up to the officer to prove a positive, in other words, the officer has to prove what your nephew WAS under the influence of.

An attorney would be the best source of advice on whether you can seek relief for the dishonest reporting of the officer. Although there was a .000 BAC, he reported smelling alcohol.

Bottom line, is you gotta see an attorney, or just let it go. Your nephew is the one who will have to take action on this if he thinks it is important enough.

Keep in mind that in some jurisdictions, beating an officer in court, just sets your nephew up to be a target of intense police surveillance. In other words, they may watch him real close until they get something that allows them to get their "pound of flesh".

 

[Graham]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Unknown</div><div class="ubbcode-body">Keep in mind that in some jurisdictions, beating an officer in court, just sets your nephew up to be a target of intense police surveillance. In other words, they may watch him real close until they get something that allows them to get their "pound of flesh". </div></div>Which jurisdictions?

 

[Rookie]

Re: Bad DUI bust

Putting his foot down is an indicator of intox on the one-leg-stand test, as is swaying, hopping, and using his arms for balance. It takes two indicators on that test to fail it. What other signs did he exhibit? How did he do on the other tests?

Dont think we have all the facts here. Its easy to take one side of an argument when all you've heard is that one side.

When did this happen? Is the DA moving ahead with the case? If the facts are as you have stated them, then I would guess that the DA would drop the case, especially given the results of the blood test. Problem solved.

 

[Foul Mike]

Re: Bad DUI bust

Happened about a month ago and was handled in the DA office when he went to court by one of the DAs minions.
Everything dropped except dodging the cat, check first post.
Could it have been something else he was on? Of course, but the blood, hair, and breath tests cleared him of ALL that.
The LEO is who said he smelled of alcohol, slurred speech etc. yet he did not back off when the breath test at the hospital and jail were 0000. and when the other tests came back show negative also.
Rookie, if you were incarcerated for 12 hours for something you were not guilty of and the charges were dropped by the DA would you just say,"Problem solved." or would you have a case of the ass?
I would bet on the latter.
Say it was something else, why would the deputy say and write down on his report about the odor of alcohol, slurred speech etc.
Maybe because those are the buzz words for a DUI bust, but the test results from blowing the machines show him wrong.
Do you think there is a chance that he lied?
This thing sucked or so the evidence showed in my opinion.
We will talk to a lawyer but I think Unknown has good advice as we see that already.
I hate to see the cop just get off with this. Put yourself in the nephews shoes and think how you would feel. Regards, FM

 

[Graham]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Foul Mike</div><div class="ubbcode-body">Everything dropped except dodging the cat, check first post.</div></div>There is no such thing as a cat-dodging statute.

 

[wadevb1]

Re: Bad DUI bust

Did the officer possess a preliminary breath test (PBT) device and was if offered or refused?

 

[Foul Mike]

Re: Bad DUI bust

Graham, it was weaving or failure to drive in 1 lane, something like that.
Wade, I don't know but will ask.
The DUI thing bothered me more than the other chicken shit thing.
Regards, FM

 

[E. Bryant]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>

I think failing to consent requires a mandatory arrest and blood test in most states ... right? </div></div>

Pretty much - and in the state of Michigan, failure to consent to a roadside test will result in a one-year suspension of your license and six points added to your driving record, even if you are found to be sober at the police station.

Given what I know about the laws in my home state, I would consent to a field sobriety test at the request of an officer.

 

[wadevb1]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Eric Bryant</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>

I think failing to consent requires a mandatory arrest and blood test in most states ... right? </div></div>

Pretty much - and in the state of Michigan, failure to consent to a roadside test will result in a one-year suspension of your license and six points added to your driving record, even if you are found to be sober at the police station.

Given what I know about the laws in my home state, I would consent to a field sobriety test at the request of an officer. </div></div>

Michigan

There are no sanctions for refusing roadside dexterity tests. Refusing to submit to a PBT is a civil infraction with zero license sanctions. Failing to submit to a chemical test will result in six points along with license sanctions up to one year.


A PBT device isn't considered a chemical test, but gives an officer an accurate measurement.

 

[leagle2]

Re: Bad DUI bust

Mike, I don't know Colorado law, the cop or you but for the purpose of this response I will presume that every thing in your post happened just as it was described to you. The officer said (I'm not sure to whom) that there was erratic driving, a strong smell of alcohol, slurred speech and that your nephew "failed" all of the NHTSA (National Highway and Transportation Administration) FSTs. If the officer was embellishing, you can pretty well be assured that he also would have included in his report "blood shot watery eyes" "dilated pupils" and a "flushed face". Additionally your nephew was tested for both alcohol and drugs which both came up absolutely clean. I am assuming that because the matter was resolved in just a couple of weeks that the DA plead this out at your nephew's arraignment (typically the first proceeding scheduled and it is where a defendant enters a plea of "guilty" or "not guilty". If he pleads "guilty" the matter proceeds to sentencing; if he pleads "not guilty" the matter is scheduled for a trial at a later date).
In this day and age when there is so much emphasis put on DUI prosecutions it isn't likely that the DA's office dumped it at arraignment on the basis of your nephew's reciting these facts to the prosecutor. Unless the officer was present (not likely for an arraignment proceeding) all the prosecutor had would have been the officer's report. (In a large metropolitan area it might have been months before the prosecutors office received the report but Sterling and Logan County, Co are relatively small rural areas not dissimilar to where I live and practice)
Those being the facts, there isn't much that your nephew can do for himself.He isn't going to get a bazillion dollars in a civil rights action and a simple complaint to the chief will probably be ignored. Having said that, there is something that he can do. Does your nephew have a copy of the officer's report and written verification of the results of the drug and alcohol tests? If not, is there a mechanism that he can get them? If he has them or can get them, he could write a detailed letter of complaint to the Chief and enclose copies of the report. At the close of the letter, after he signs it, he should note that he is cc'ing (can anyone believe we still use that abbreviation even though it stands for "carbon copy")the DA,the judges that would hear the officer's dui cases (they probably won't read it but it is worth a shot) and every attorney in Logan County that defends criminal cases. Basically, this is everyone who can make the officer's life more miserable for either lying or crappy police work. In particular, I'm sure that the local defense attorneys will appreciate being able to cross examine him on whether he has ever smelled the strong smell of alcohol on anyone that had a BAC of .000%, or whether he had ever had a driver who could not perform the NHTSA FST and had had absolutely no alcohol or drugs in their system. My office keeps, and we exchange with other attorneys "interesting" reports and testimony. (By exchanging information we once found an officer that wrote the same AIR, alcohol incident report, over and over. The only thing that changed were names, dates and locations. He actually had defendants transposing the same letters in the alphabet)
All any officer has (or any of us for that matter) is his good name and reputation for doing good police work. Your nephew's letter of complaint calls into question either or both. Your nephew doesn't need to call the officer a liar (nor should he). Simply state the facts and let the reader draw his /her own conclusion as to the officer's competence or credibility.
Again, this would never work in a large metropolitan area but in a small criminal justice community where everyone knows everyone else, where you run into each other in the grocery store or Friday night football games it might. Even if nothing comes of it, he will have shined a little light into a dark corner.

 

[Foul Mike]

Re: Bad DUI bust

I thank all of you for your input.
The Hide is a good place to go for comments on anything and we did go to a lawyer this morning. Things look good for the nephew, to say the least.
My nephew didn't think he needed legal advice due to all of the facts of the tests and made a really stupid mistake of just going in and thinking he would be treated fairly and everything dropped.
The result was that he was fined for whatever reason for dodging the cat and paid a fine plus court costs even though he never saw a judge. He felt intimidated and thought, fuck it, and paid the fine.
The lawyer is going to appeal the whole case and try to get the cat thing dropped too.
This thing was bad all the way around.
If the LEO had said anything like ,"Maybe I made a mistake." it would not be where it is now.
The lawyer read this thread and told me to not post again, so I won't. He read this entry and OKed it but this is the last I will do on it.
Don't like to make enemies with the cops, but they do need to treat everyone with respect and admit mistakes.
The lawyer looked at this post and said go ahead but no more.
With that, I will close this thread and let the chips fall where they may. Regards, FM

 

[Unknown]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Graham</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Unknown</div><div class="ubbcode-body">Keep in mind that in some jurisdictions, beating an officer in court, just sets your nephew up to be a target of intense police surveillance. In other words, they may watch him real close until they get something that allows them to get their "pound of flesh". </div></div>Which jurisdictions? </div></div>

The unprofessional ones.

 

[Foul Mike]

Re: Bad DUI bust

leagle, thanks, I will PM you. FM

 

[Foul Mike]

Re: Bad DUI bust

It may take a while but I will get all of that.
I am going on vacation for 3-4 weeks.
Thank you. Regards, FM

 

[topgun99]

Re: Bad DUI bust

You can look up your states criminal and traffic laws online. Just google it. Most states DWI/DUI laws are traffic not criminal statutes until you get to the second or subsequent offenses, then they can be felonies and carry prison time. Both states that I have worked in carry some kind of punishment for refusing implied consent but there is no punishment for refusing a field sobriety test. You simply limit the officers ability to make an informed decision whether to arrest or not. An officer does not have to prove what specifically you are under the influece of, just that at that place and time something in your present physical condition is preventing you from operating a vehicle in a safe manner. For all the officer knows you just huffed paint, gas or walked through a building being painted huffing fumes as you go, none of which is going to show on a breath or blood test. Some legally prescribed medication states do not operate vehicle or heavy equipment but people do it all the time. I suffer from sleep apnea and can tell you that except for the presence of alcohol, I would display most of the signs of an impaired driver, weaving while driving, red eyes (from sleep depravation and lack of oxygen which causes the eyes to stay bloodshot)slurred speech (another symptom since sleep apnea causes speech problems) i'm not even sure I could pass field sobriety tests under the effects of sleep apnea. There are many things that can affect the abilty to drive besides alcohol or drugs, sleep apnea is just one. Also PBT's are not accurate, thats why the results are not admissible in court. They should not be confused with a state approved Breathalyzer/Intoxilizer test which are tested monthly and test themselves against a preset sample before the start of an actual subject test and will not allow the officer to continue unless they pass the internal test. I definately agree that an officer taking blood samples themselves is a very bad idea regardless of qualifications to do so. You do have the right to have a second sample drawn and tested at a facility of your choice as long as you provide a copy of the results but you have to pay for it yourself. Not trying to take up for a bad officer if indeed he is one, just sharing what i've learned and seen in 17 years.