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  1. #1
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Too Quick to Draw

    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?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Too Quick to Draw

    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

  3. #3
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Too Quick to Draw

    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.

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

    Default Re: Too Quick to Draw

    were you driving a Honda?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Too Quick to Draw

    Quote Quoting FXDCI
    View Post
    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.
    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.

    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.
    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.

    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

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