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  1. #1
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    Default Arrested After Refusing a PBT, but Beat the DUI Charge

    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.

  2. #2
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    Sep 2010
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    Default Re: Beat the DUI but Still Need

    Merit looking into what? You seem to have a massive chip on your shoulder and that's not the officers fault.

    If you want to argue in court that the license plate became obscured while you were driving in the snow, you can certainly try that. You could try requesting the tapes on that.
    But, even if it did become obscured while you were driving, that *IS* an probable cause to pull you over. It doesn't take much.

    Did you have a question?

  3. #3
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    Default Re: Beat the DUI but Still Need

    I do have a chip on my shoulder and it is entirely this officers fault. There was no way that my license plate had snow on it end story. As far as requesting the tapes. If you read I did request them and supposedly his car doesn't have one. My question was do I have an argument in court over the fact that there are several discrepencies on the police report.

  4. #4
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    Default Re: Beat the DUI but Still Need

    Quote Quoting drewcrew73
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    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.
    Do you know that he DIDN'T wipe it off for you? All those lights make it hard to see, don't they? That's on purpose.

    Up to that point (that is, the point at which you became immediately argumentative, insulting, and belligerent), he most likely just wanted to check out some driving behavior that caused him some suspicion that you were DUI. And, your behavior helped reinforced that suspicion.

    Quote Quoting drewcrew73
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    He then asked me how much I had to drink tonight. Not if I was drinking but how much I had to drink.
    Ok...and? Sounds like he already smelled and saw enough to know that you had been drinking. So, he didn't bother asking if, just how much.

    Quote Quoting drewcrew73
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    I told him I had 2 beers the last of which being over an hour prior to driving.
    Lookie there...he was right. I really wish I had a dollar for every time a DUI told me that very thing.

    Quote Quoting drewcrew73
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    He began to administer a field sobriety test during the storm with my facing into the wind and snow.
    Guess what? He was standing right out there in the wind and snow, too. Do you really think he wouldn't have rather been back in his warm, dry car too? Do you really think that he gets so much pleasure from harassing innocent drivers and trying to frame them for offenses they did not commit that he is even willing to do it in such uncomfortable circumstances?

    Quote Quoting drewcrew73
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    After this test he had me walk 9 steps turn and pivot. I did this test with no issues.
    I've never yet heard of anyone who did not think that they performed the test flawlessly.

    Quote Quoting drewcrew73
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    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.
    Somehow, I'm thinking that you "passed" because he gave you a considerable benefit of the doubt due to the bad weather. What about the one-leg-stand? I'm assuming that you decided you were done and refused that one?

    Quote Quoting drewcrew73
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    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 ...
    That is a very serious accusation. Assault necessitates intent. If you REALLY believe that he INTENTIONALLY slammed the door against your leg, you should immediately file a complaint with the department.

    However, experiance tells me that you leg got slammed because you STUCK it out there to keep him from closing the door on you. You weren't through telling him what a jerk he was, how you knew your rights, what important people you know or are related to, how you were going to sue him....etc., etc., etc.

    Quote Quoting drewcrew73
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    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.
    Do you really think that he didn't know (as well as everyone here reading about it) that you were just trying to kill time to allow your BAC to go down?

    Quote Quoting drewcrew73
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    I blew twice and waited for the results. I ended up blowing under the legal limit.
    Guess it worked...BTW, would you mind telling just us how FAR under you were? .075???

    Quote Quoting drewcrew73
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    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.
    No, the DUI was not at ALL out of the question. Just based on YOUR version of events, I would have gone with the DUI charge based on observations...in a heartbeat.

    Quote Quoting drewcrew73
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    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.
    What's fishy? Was the cop busy chatting on the radio while he was administering the FSTs, arresting you, and "assaulting" you?

    Quote Quoting drewcrew73
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    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.
    Ok, now we get to that driving behavior I mentioned before. Do you suppose that your stopping at an intersection when there is no sign or signal might be a clue?

    Quote Quoting drewcrew73
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    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.
    Ok, maybe he did. Even cops can get something like a street name wrong. But, you haven't convinced me he was wrong. Here in Washington State, "What street were you on?" is actually a question on the standard DUI interview form...precisely because so many DUIs get it wrong.

    Quote Quoting drewcrew73
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    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.
    Ok, so he left out the "heal" to toe walk. He didn't charge you with DUI, so it was irrelevant to his report. BTW, when wounds get better, they are said to "heal." That round part at the back of your foot is called a "heel." Another BTW, that "horizontal gaze test" is about 70-75% accurate all by itself...more than enough for probable cause.

    Quote Quoting drewcrew73
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    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.
    Ok...and this is relevant how, exactly?

    Quote Quoting drewcrew73
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    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?
    Really? You really think the whole department is so out to get you that they would lie about something that is so easily checked? I presume that it wasn't the arresting officer that you asked? It was someone who worked days, who had never met you, and wasn't there when you were making such an a$$ of yourself. Why would that person be out to persecute you?

    Quote Quoting drewcrew73
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    People have told me just be glad I didn't get a DUI and to just pay the fine.
    Sounds like "people" know you! Sounds like good advice to me.

    Quote Quoting drewcrew73
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    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.
    Again, do you REALLY think that he was out in the wind and snow for fun? That he has so much fun falsely arresting innocent drivers for DUI that he was willing to put that much effort into it? Really?

    I really don't see any "false pretenses." YOUR version of the story sounds like the officer was more than justified to me. I really wish that your stop WAS recorded on dash-cam. I would REALLY like to compare that to your version of events.

  5. #5
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    Default Re: Beat the DUI but Still Need

    No you don't. A police report means squat and won't even be admissible in court. You can try to argue his testimony is wrong, but by and large most of what you claim are discrepancies are totally immaterial. In fact, despite your protestations, they aren't necessarily even wrong.

    You don't seem to be able to objectively deal with any of this. If you have the shred of a chance, I'd recommend legal counsel.

  6. #6
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    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    Wow never should'be came to this forum. Seems like its full of cops sticking up for their brothers. Calling me insulting and belligerent..... Really? I saw him walk straight up from his cruiser to my car. No chance to wipe of my license. Why would I stick my leg out of the door? If there was a dash cam it would support everything I said to a T. He never administered a single leg stance like I had stated previously. In his report his claimed that I refused which I did not. For your information officer smartass I blew a .042 and .043. I was not impaired. I was not belligerent. But you offer me nothing but you sticking up for your brothers in arms. Thanks for the English lesson as well I will forward your comments to my cell phones autocorrect.

  7. #7
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    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    Sorry we can't give you the rosy view of the world you are envisioning. We can only deal with our impression based on what you present here. If you want someone to objectively evaluate ALL the details, we can not. You'll need to pay an attorney to do so.

  8. #8
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    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    Bottom line is, you weren't charged with DUI...you got a freaking obstructed plate cite. You are the one that came here to bitch about it. The only question you even asked was should you push harder to get the dashcam video that you seem to think the police are in a conspiracy to hide from you. I have to assume you only posted to try to find someone who would vindicate your persecution complex. Sorry if I disappointed you by my "sticking up for my brothers in arms." I would think that it would be obvious even to you, based on the response you got here, that your belligerence and insulting demeanor are evident even in a written post, when you are sober. Yes, I am a cop and tend to take a cop's view of things. But, to my knowledge, I am the only cop who replied to you. Very few of the regular posters here are involved in law enforcement in any way...as I well learned with the responses I got when I first started here. lol They are just calling them like they see them. You really don't need to be a cop to be able to smell the BS.

  9. #9
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    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    "Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back."

    so why don't cops follow your wisdom?

  10. #10
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    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    .
    For your information officer smartass I blew a .042 and .043. I was not impaired. I was not belligerent. But you offer me nothing but you sticking up for your brothers in arms.
    this is from a publication from the state of Ohio:

    What is the legal blood-alcohol limit in Ohio?Ohio Law states that no person shall operate a motor vehicle while under the influence of alcohol, a drug of abuse, or both. The state of Ohio has set a per se level of 0.08 BAC (blood-alcohol content) as the presumptive level at which an adult is considered to be an impaired driver of a passenger car. However, being under the presumptive 0.08 BAC level does not mean you are not impaired and, depending upon roadside sobriety checks, you may be charged with OVI with a BAC which measures below 0.08.In other words, the presumptive BAC level is the level at which you are automatically considered to be "legally" impaired -- it does not mean that you are not illegal if you are not at the 0.08 BAC level. As such, there is no absolute "legal limit" except "zero."
    You may very well have been impaired at .042.

    as to the ability to refuse the PBT: read here

    h
    onestly I did not read the entire case but from what I have been reading, there can be a defense to being charged with refusing a PBT in some cases.

    but if you didn't refuse, what is all this:

    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.
    if you were ordered to take it and the only reason you did not take it was due to you, you refused. While you didn't say "I refuse", your actions of turning around and offering your wrists in response to the statement you would be arrested if you did refuse to take the PBT was a de facto refusal.

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