I was also arrested for DUI in the parking lot of the restaurant/bar that I had just exited. My friend and I walked out the restaurant and headed towards my car. We saw a patrol car parked in front of a dumpster (not a legal parking spot). His patrol car was park two cars from mine. I proceeded to back out when I realized the patrol car was blocking my exit. I couldn't back out straight and then move forward because their was a deadend. I continued to back out and making a semi-circle move around his car. I did it I didn't hit his car. Just as I'm putting my car in Drive the patrol car starts honking at me; I heard two honks and then as I looked in my rear view mirror I saw lights & him walking towards my car. I tried to move forward back into my parking spot when he banged his flash light against my window. I stopped. He said "You almost hit my car". I said No officer I wasn't going to hit your car. Then he said "Now you need to listen to me so you need to be quite". I thought I should obey his instruction. His next question was have you been drinking? I said I'm going to call my husband to come pick me up and I reached for my phone. He said "NO! give me your phone and purse and answer my question!" I knew at that moment I was screwed but a part of me said he had NO legal right to stop me. I didn't violate any laws. Walking out of a bar is against the law? Trying to get around his car is that against the law? He voiced changed within seconds! He grabbed my bag and then he said Answer my question!!! I thought he was about to reach in my car a grab me out but he didn't. I didn't want to piss him off any more than he was. I said "Yes" and he said "You aren't going home tonight!" He asked me to step out of the car and he hand cuffed me. I said "listen, I have rights what right did you have to stop me?" He said "I ask the question not you so shut-up!" From that point things just got worse. He tried to imply that I had drugs in my car. He kept saying you need to tell me "what kind of drugs are you on". I said I don't do drugs. The only thing in my system is "Rum& coke, sex-on-the-beach" that's it. He said don't get smart. Then he preceeded to search my car. I said "did you find any drugs?" He said "NO". That didn't surprise me. I don't even let my friends smoke in my car. I think he was profiling me as a Spanish drug carrier. I don't know but he made me feel the stop was a racial profiling. I looked Mexican and I had an Accord "nicely pimped out". I'm just the mother of three and wife with no criminal record. I even said check my record, why are you treating me like I'm a common criminal with a record? My driving record was clean that is until that moment. I had a night out with the girls celebrating a birthday. Yes getting a little wild and I was irresponsible for trying to drive. That night I ended up in detox center and my wrist all bruised up because he man handled me. My right hand was black and purple for a week and I couldn't use it for three days because it hurt so bad.
My story happened in northern Ca over a year ago. My lawyers is working on my case. Can you believe the cop even lied in court. My case is pending. Does anyone know if they know of another case that is similiar to mine that was thrown out in court? I'd like to know. I've been researching CASE laws. Help! Thanks