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  1. #1
    Join Date
    May 2011
    Posts
    6

    Default Arrested Sober

    My question involves criminal law for the state of: California
    I was arrested sober! No drugs, nothing! I have valid license, insurance, not on probation, parole, no warrants. guess they really can do whatever they want! I did a breath test, 0.0, then they wanted blood and urine. I have nothing in my system, so I complied. Officer said I was acting strange and must be under the influence of something. Had to spend several hours being booked for DUI, have a court date. I had a crack in my windshield -What the hell? This was 3am and police were called to the location because I had told the grocery store manager to "F" himself. I was just shopping at this 24 hour store. We live in a police state.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested Sober

    I thought in your other thread you weren't arrested?

    and the police told me I had to walk home after they were upset that I was sober and couldn't arrest me for DUI.
    What is the specific code section you were charged with? Did the cops observe you driving?

  3. #3
    Join Date
    May 2011
    Posts
    6

    Default Re: Arrested Sober

    I waited a bit and then drove against the officers order not to. Charged with 23152(a) and (b). Immediate administrative license suspension, and sober as a judge. my "attitude" could have been better. I broke no law, and the time felt I had good reason to be pissed. Having broken no laws and stuffed into the system, what to do now? So, if an officer does not like a person they can and will arrest tyou and leave it up to you and your attorney to defend yourself, no law violation needed?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested Sober

    Hmm,

    well, if the tests come back negative, I would suspect the charges will be dropped.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Arrested Sober

    There is no way they can charge you with 23152(b) VC for a .00 BAC since you have to be at or over .08 BAC to violate that section.

  6. #6
    Join Date
    May 2011
    Posts
    12

    Default Re: Arrested Sober

    Quote Quoting sniper
    View Post
    There is no way they can charge you with 23152(b) VC for a .00 BAC since you have to be at or over .08 BAC to violate that section.
    That's true. If your breath test came out 0.0 then how can you possibly be charged with 23152(a) or (b)?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested Sober

    Quote Quoting citizenw
    View Post
    That's true. If your breath test came out 0.0 then how can you possibly be charged with 23152(a) or (b)?
    because (a) includes being under the influence of drugs as well as alcohol

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