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  1. #1
    Join Date
    Mar 2010

    Default North Carolina First DUI .09

    Hey Everyone!

    I was wondering if anyone had any advice to share to me. I blew a .09 back at the station. Here is the story of as much as I can remember:

    I came back from a bar drinking 2 ~13 ounce beers. I weigh 135 pounds and am 5'5, so those two beers might have uped my alcohol content really easily. My friend and I head back to my house to go pass out. At the intersection of 10th st. and Elm St, Elm street goes from having 2 lanes to 4 lanes. What I did (like I always do) is, from the intersection, veer into the NEW left lane in order to take a left to get onto 14th st. What I did illegally was do this a little early, in which part of my turning took place in the intersection. This is why the cop stopped me. My friend told me in no way did I swerve or do anything with error. I lowered my window at the local gym parking lot and the officer asked me if I was drinking. I told him a little bit and that is when he saw my bowl (smoking device) in my pocket. He immediately told me to get out of the car and proceeded to handcuff me. I told him that there was no THC products in the car and that everything I had was legal substances that I use to help my depression (this is completely true, I smoke herbal blends, I don't smoke pot). Two other cop cars then came. They asked if they can search my car and I said yes. They found xanax and ambien in a stray bottle (in which I told them it was mine and I am proscribed them, in which i really AM proscribed them). I told them the reason I keep a small amount in a stray bottle is because it is an abusable and wanted drug in my peer group and I've had my medication stolen in the past. They did not listen to anything I had to say nor did they want to test the substances to see if it was marijuana. I repeatedly told them that it was mine and that I want it tested to I can have it back. Some time past and the officer gave me a field sobriety test. He told me my eyes looked drunk and that I didn't pass the test. What I remember is that my eyes literally looked fine and that I walked the line perfectly along with completing up to 21 seconds on one leg. I don't have good balance and 21 seconds would be a challenge to me even right now. During the field sobriety test was the only time I was not handcuffed. All over times he put me in very tight handcuffs. He then gave me the breathilizer. I saw the number to be around .12, but he said it was .16. I told him I disagreed, but he didn't want to give another test. They put me in the car and put all my stuff in a bag. I proceeded to ask him multiples of questions because I was very confused and scared at the moment. He didn't tell me anything of any substantial worth and then told me I was trying to blame him for the DUI (I didn't at all). He put his music VERY loud and proceeded to ignore me. When we got to the station, he told me he could put a felony on me if he wanted to (for the pills), but that is VERY questionable. He made me out to be a guilty person, thus he told me he was going to throw away all my stuff because he "didn't know about it". When we entered the station, the officers were very rude. They handed me multiple forms in which I signed. I was asked if I wanted anyone present during the test. I told them I wanted to call my mom immediately. They gave me a phone in which the phone cut off when my mom picked up. When my mom called back, the people admitted the phones had problems and cut people off. They then gave me the official breathilizer (refusing to give me a glass of water, I was VERY dehydrated) in which I blew 2 times a .09 blood alcohol rating. They then put a form in front of me stating that I accepted everything. I refused to sign because I told them they weren't taking this situation seriously and were not respecting my rights (letting me talk to my mom). They laughed and wrote refused on the receipt. (Note they identified this as a receipt, not me accepting anything official). The overweight officer with the mustache proceeded to mumble to me stuff very fast in which I asked him to repeat this stuff to me and told him I perceived what he was telling me was mumbling. That is when he got mad. They threw more forms at me in which I told them to please explain to me everything. They sighed and put the forms in front of me and said "sign". I then signed the documents (like an idiot). They took me back into the holding cell in which they put a list of bondsman numbers in front of me and left me be. I tried calling my mom but the phone always cut out. Multiple times in the night I said I wanted to talk to my mother, but none of them took me seriously. They labeled me as beligerant not because I was calling anyone names or fussing at all, but because I talked too much and was constantly asking questions. I did say that it seemed like they really didn't care and that throughout the situation I was trying my best to cooperate. That could have been an insult. One officer did talk to me for a second, but another officer interrupted him and they stopped. No one ever gave me any substantial information AT ALL about the situation. They ignored me completely. I feel like this whole thing was a manipulation game because at times they would be nice but at other times they would be complete jerks. I did question one guy's ethics and talked about religion with him, in which I referred a book to him. He could have taken that as an insult also.

    They threw away all my possessions that were "drug" related and told me they weren't going to charge me for them. One thing I also see can be a possible problem with the ticket is that it says the officer had probable cause at around 3am, but the breathylizer was given to me at 4:03am, could that be a technicality? I am getting a DUI lawyer to take care of this, but does anyone feel I can get this dismissed? I am in the process of joining the Peace Corps and can't afford to have this on my record at all. I am graduating college with good grades and don't do any drugs.

    Thanks in advance.

  2. #2

    Default Re: North Carolina First DUI .09

    Go to court and take your lumps and be done with it. Cops lie and you pay, that is the way sociaty has become. Cops are givin the benafit of the doubt because the have a badge and gun. It use to be protect and serve, now it is lie and manipulate. They are taught in school now to lie and manipulate, not prtect and serve. My kids carry a lawyers card on them at all times and are taught never under any circumstances to answer any questions until myself or a lawyer is present. Sorry about your luck. We need to take back our civil rights from theese criminals that are suppose to protect and serve us. Unless they have ticked someone off higher up, we have givin them a blank check to do whatever they please. Even when caught on video tape breaking the law, they walk scott free. There are very few good ones left. They are not perfect, they break the law same as anyone else, only we allow them to get away with it. Take back our civil rights. Prosecute theese gun toteing badge wearing vigilantes.

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