What did your BAC turn out to be?
As for the license plate issue, I don't think it flies. How many seconds does it take to stop in a parking lot and switch license plates with another car?
What did your BAC turn out to be?
As for the license plate issue, I don't think it flies. How many seconds does it take to stop in a parking lot and switch license plates with another car?
Here's the thing ... if the officer believes you are in a stolen car, you are all of a sudden a suspected felon. You are also in a place where you control a very large and dangerous weapon (the vehicle), you could have any and all manner of weapons stored inside, and there could be associates hiding inside as well.
Law enforcement treats these as high risk stops. So, yes, you can complain to the agency. But, I strongly suspect that they will find the officer's actions to be within policy. Well, they might scold him for not waiting for MORE guns to show up.
Speak with an attorney regarding the DUI defense.
Oh,and what was your BAC?
- Carl
my BAC was 0 because I have not had a drink since 10-03-1994.
The Texas plate is clear. I do not have Arizona plates on my car. A plate with the same number on a Arizona plate was reported stolen. not a Texas one. like she said, my plate is clear. i could understand what she said, why couldn't he?
Well, for whatever reason, the officer believed the plates were on a stolen vehicle. As such, his actions were quite reasonable.
If your BAC was .000 you should be happy when the prosecutor does not file DUI charges ... unless they operate under the theory that you were high on medication or controlled substances.
If charges are filed, consult legal counsel.
If you feel the officer was out of line, make a personnel complaint. But, pulling a gun on a possible auto theft is quite reasonable in most every circumstance.
- Carl
prosecutor? I was not arrested for anything. so where did the cop get the idea that my car was stolen? the dispatcher told him my plate was clear. why would he worry about an Arizona plate when the plate he is dealing with is from Texas? the fact is he drew a weapon on a citizen when he did not have a reason to. I wish he would have arrested me and taken me in for a blood test so he could stare at the results and realize that he has screwed up. again.
were you driving a Honda?
But YOU wrote, "I heard the dispatcher tell him that it was a hit in Phoenix on a stolen Honda" apparently the officer keyed on that, whatever that means.
You'll have to ask the officer why he thought the vehicle might be stolen ... perhaps the make and/or model did not match the plate. For instance, if the plate came back clear (as in not reported as stolen or wanted), but if it was reported as coming back on a Honda and you were in a Chevy, that's a problem.why would he worry about an Arizona plate when the plate he is dealing with is from Texas? the fact is he drew a weapon on a citizen when he did not have a reason to.
The point is, if the officer believed the vehicle might be stolen, he acted appropriately. if he just pointed the gun at you because he likes pointing guns at people,then he was out of line, should face scrutiny for a criminal complaint, and should find another line of work. I suspect that he will argue that he had reason to believe the vehicle was stolen based on what he heard the dispatcher say.
So, you are left with a choice of a personnel complaint or letting it go.
- Carl