Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Possible Unlawful Traffic Stop

    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

  2. #2
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Possible Unlawful Traffic Stop

    Quote Quoting Jim_Bob
    View Post
    This would not be entrapment. The cop did not invite you to drink then arrest you when you got into the car. He was in the parking lot and saw you stumble to your car(or something like that) he advised you not to drive and to wait it off. Just the fact that he did that shows that he is a good guy. Most cops would have just waited untill you got in your car then arrested you. Anyway, when he saw you later driving in your car and followed you to see if you were still drunk. When you were about to cross the jusrisdictional line he pulled you over, for suspicion of DWI. Now he could state any number of thing for the reason to pull you over. You were swerving back and forth slightly, blah, blah, blah. The fact that he saw you drinking earlier, just shows why he was following you.
    It might be classified as an unlawfull stop where you are, only because he)the cop ) did not fill out the for correctly. Here in my state if the cop fills out the form incorretly that is a reason to dissmiss the case.
    The cop that arrested me didn't state all the facts of the events that night. Most of the important steps from beginning and middle. He didn't put in his report asking me about the drugs in my car and searching my car. He even lied in court to make himself look better. I think that's the problem with the judical system are cops who lie to make themselves look better or to win a care. My lawyer caught him in two lies. Cops need to follow the law, and not act like Robo cops. I have very little trust in cops. I have panic attacks when I see cop cars near me, I feel like the next time I might get the shit beat out of me. I don't drink and drive anymore. It's not worth it and YES it is after all against the law. I can respect that now more than ever.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possible Unlawful Traffic Stop

    Quote Quoting Moongrl009
    He said "You almost hit my car". I said No officer I wasn't going to hit your car.
    Apparently it appeared to him that you almost did.

    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.
    Then part of you was wrong. You were detained. He controls your actions. You did NOT have a right to call your husband. Most officer don't alllow detained individuals to call people on the phone - there are cops in body bags in hospitals that have permitted this.

    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?
    If he thought you were impaired, he had a right to detain you and investigate further. A detention is not a conviction, but you do no thave the right to leave or do as you wish.

    I think he was profiling me as a Spanish drug carrier.
    Nothing in your post even remotely comes close to the profile of a courier. And nothing you write indicates that this was unlawful racial profiling. From what the officer claimed it would seem that the detention was based upon your actions.

    Without knowing the details, no one can cite a similar case. Your attorney should know any relevant case law for a criminal defense or a civil action against the police.

    Also, to address an issue in your follow-up post, the police do not have to write down everything they do at a stop. the fact that some intermediate step was left out is hardly damning. if we wrote every small action we did, then even a simple public intoxication arrest would be a novel.

    As for the alleged lies, were they really lies? Or was he mistaken? Or, perhaps he simplya had a different recollection than you? if I say your car was red and you say it was maroon - and it is - that wouldn't make me a liar, that would simply make me mistaken.

    - carl

    1. Sponsored Links
       

Similar Threads

  1. Determination of Fault: Accused of Hitting a Parked Car
    By idiot22 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 07-16-2011, 12:47 AM
  2. Cited for Improper Turn After Hitting a Patrol Vehicle
    By jcarzer38 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 08-04-2010, 04:07 PM
  3. I Have Been Accused of Hitting a Parked Car, Am I Legally Responsible for Damages
    By rshegvs in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 03-05-2009, 05:32 AM
  4. Parking Violations: Senior Volunteer Patrol
    By akihabro in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 10-07-2008, 11:31 AM
  5. Falsely Accused Of Hitting a Car
    By Zigon in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-30-2007, 04:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources