My question involves criminal law for the state of: Ohio
So the other night I was driving a friend home from the bar. I was pulled over and asked for my drivers license. I produced my license and the officer called it in. Upon hearing that I had a prior DUI he told me to get out of the vehicle. I asked him why I was getting out of the vehicle and he immediately told me to drop the attitude even though I didn't have one. He walked me to the back of my vehicle. I asked him why I was stopped in the first place. He then told me that I had failed to display my rear license due to snow covering it. I then looked at the license plate and it was clear as day. I asked the officer what he meant by failure to display when my license plate was clean. He told me that he wiped it off. I then asked him if he made a habit of removing evidence from the scene.
He then asked me how much I had to drink tonight. Not if I was drinking but how much I had to drink. I told him I had 2 beers the last of which being over an hour prior to driving. He then told me to take a field sobriety test. At this time it was a middle of a snow storm. He began to administer a field sobriety test during the storm with my facing into the wind and snow. After this test he had me walk 9 steps turn and pivot. I did this test with no issues. I asked him if I could be on my way. He told me to hold on a minute. He then got into his car and grabbed a breathalyzer and told me to take it. I told him that I didn't think he had just cause to give me a breathalyzer. He asked me if I was refusing. I told him no i'm just stating that I don't think you had probable cause to pull me over in the first place. After passing your tests I dont think it's warranted that I take a breathalyzer. I asked him if I had failed the field sobriety tests. He told me that I passed the heal to toe walk but failed the horizontal gaze test. Again he told me to blow into the breathlyzer. At this moment I said that I would like to consult my council at this time. He warned me that I would be placed under arrest if I refused. I said that I am not refusing I would like to call my lawyer. At this time he told me that I would be placed under arrest. I turned around willingly and offered my hands to be cuffed.
I asked him to please be careful of my watch when he put on the cuffs. He then put the cuffs around my watch scratching it. The other cuff he put on so tight that He cut and bruised my wrist. When I was placed in the rear of his cruiser he slammed the door on my leg which was not yet in the vehicle. After realizing he had just assaulted me and me politely asking he removed my cuffs and recuffed my with my hands in front. He allowed me to call someone to come get the vehicle I was driving.
When I got to the station I had asked if I could use the restroom. He told me no because the test had already begun. Even though we had just walked in the station. He put me in a room where I was given a piece of paper to read with the top paragraph highlighted. I began to read the document when he began to talk to me at the same time. I politely asked him if he could refrain from speaking while I read the document. He proceeded to tell me that he was reading the same document. So I asked him to start over so that I could read along with him. I stopped him several times so that he could clarify some things for me. After he had finished reading the paragraph he asked me if I was ready to take the breathalyzer. I replied that I was giving a document and would like ample time to read over it. He had only read the top part of the document that was highlighted, which only comprised about 1/3 of the document. So I took my good ole time to finish reading it. When I had finished he asked me if I was ready to take the test.
I said that I would like to attempt to get ahold of my lawyer again at this moment to seek his council. He never answered. I was asked again if I was willing to take the breathalyzer. I did not answer. The sergeant that was administering the test asked me if I knew what would happen if I refused to take the test. I replied to him that I was well aware of what would happen to me if I refused to take this test. I then agreed to take it. I blew twice and waited for the results. I ended up blowing under the legal limit. So the DUI was out of the equation. The officer then began to write up my ticket for failure to display. While he was doing this he threatened to still give me a DUI based off of his observations.
I put in a request of public records from everything from that night. I just got them yesterday. The main thing that I wanted to show that I was pulled over under false pretenses was the MVR. The mobile video recorder. They told me that this officers vehicle was one of the few that did not have one. I also got the dispatch tapes from that night. I only received dispatch transmissions from the point of me being pulled over to me getting out of the vehicle. They said there were no more after that point. Seems fishy to me.
In the police report their were several discrepancies. The first being he had stated that he observed me stopped at an intersection. This is when he couldn't see my license plate. Well the intersection he allegedly saw me stopped at has no stop sign or stop light. He then said that I turned onto a street that I never drove on. He wrote several times in his report that this is where he pulled me over. He wrote down the wrong street on the report. He also said that only the horizontal gaze test was performed because I refused any other testing. This isn't true because he made me do the heal to toe walk. Also he said that my vehicle as well as my passenger were released to the person that I had come get my vehicle. This also isn't true. When they came to get my car my passenger was no longer there because another officer already gave him a ride home.
Sorry for being so long winded but I didn't want to leave any detail out. I was hoping to get the dashcam to prove that my license wasn't covered in snow but again his car didn't have one supposedly. Does anyone think this is worth looking into? Maybe talking to someone else in the department about that vehicle? Also because there are so many discrepancies in the police report is this grounds or a dismissal? I have my court date in a couple of days. Any advice that you all have for me is greatly appreciated. People have told me just be glad I didn't get a DUI and to just pay the fine. I don't believe in this because I was pulled over under false pretenses. This officer was just hoping to catch a drunk driver and failed. He was extremely rude and unprofessional, as well as he assaulted me.