Police Abuse of Power

[RRusso1982]

My question involves criminal law for the state of: New Jersey, but I live in Pennsylvania


Hi. I wanted to ask anyone who knows anyone with law enforcement knowledge if this seems strange. I live in Bethlehem Township, PA, and on Friday, I had drinks with friends at a bar in NJ. I had 2 beers in a space of 3 hours. Now I am a big guy. 6'2 and aabout 250 pounds, so it would take a lot for me to be intoxicated. I headed home at around 10 on I-78. About a half hour from home, while still in NJ, I was changing a CD (stupid I know) and I guess my car swerved over the line. I got pulled over by a NJ trooper. He comes up to me and asks for my license registration and insurance. They all check out. Then he asks "How much have you had to drink tonight?" I was honest, I said "2 beers, the last one was well over an hour ago. I'd be happy to perform sobriety tests for you." He has me step out. I blow into a breahalyzer which just shows if I had any alchohol in my system at all. Then he had me perform a couple different FSTs, which I performed with no problem. The trooper says, "You admitted to me you had a couple drinks. I could technically bring you in, although I probably wouldn't get a DUI on you. The bottom line is you did have a couple drinks. I want you to sit by the side of the road for a half hour. After that you can continue. It's 10:30 now. I have your license plate number and name and home address, so if I find out you were on the road before 11:00 PM I know where to find you." He left and I sat there for a half hour and I continued. I was just wondering. What would have happened if I had continued and not waited a half hour? Would he have rally come after me in a different state? What exactly would he come after me for? It seems like the trooper knew full well he wouldn't get a DUI on me or else he would have brought me in. Does this seem like an abuse of power? Just wondering

[jk]

It seems like the trooper knew full well he wouldn't get a DUI on me or else he would have brought me in.

there is a difference between a DUI and being intoxicated.


I can tell you that regardless of what my BAC is, I could not drive a car safely after 1 beer.(and I weigh more than you) Being under the influence or being impaired is a decision based on your ability to have control of yourself.

Since you swerved and you had been drinking, he very well might have been able to tag you with DUI. I would suggest the FST's showed a limited amount of impairment and rather than spoiling your night, and in some cases much more than that, he simply wanted you to sober up before driving any further.

did the PBT give a reading at all?

[RRusso1982]

The PBT only said if I had any alchohol at all. If I had blown into the Breathalyzer, I would say, maybe a .02 or .03 if that

[jk]

§ 3802. Driving under influence of alcohol or controlled substance.
(a) General impairment.--
(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

It appears that impairment regardless of BAC is chargeable as DUI. I think he might have simply been being a nice guy and giving you a break.

[ashasky]

I think the cop was abusing his power. Since he knew you weren't drunk and couldn't do anything to you, he put you in a time out like a child. And no he couldn't go into PA. I hope you got his name and badge number.