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Shadowryche
03-20-2009, 01:44 AM
Two words from a cop that have cost me a load of money, maybe some jail time, and quite possibly my license. Went to the bar for St Patty's Day and had a few drinks with my friends. Between 7pm and 12am I drank four 12 ounce beers and an Irish Carbomb. I quit drinking alcohol around midnight and start drinking water and passing lots n lots of fluids to sober up for the drive home. Well 2:30 comes along and the bartender kicks everyone out.

Me and some friends then decide to walk back to our shop to sober up. But with it being such a nice night we just chilled on the front porch for a few minutes, not drinking or being loud. One of the local cops pulls up and yells at us to GO HOME! So its almost 3a.m. and I hadn't drank anything but water since midnight and am feeling no impairment what so ever. My buddy and I walk back to my car as I'm gonna give him a ride home, low and behold that cop who yelled at us is stalking us in the back alleyway and parking lots in town.

My friend needed some cash for gas money so he asks me to stop at the bank. I drive from the bar to the bank, and the cop follows us, then proceeds to circle the block four times while my friend gets cash from the ATM. Once that was done he follows us 3 miles before he finally flips his overheads on a block outside the city limits. As soon as I'm stopped he's at my window with the breathalizer not even asking for registration or license. Didn't even offer the field sobriety test. I blow a .09 which is .01 over the legal limit here. No miranda rights or anything he hauls me off to jail and tells me I'm lucky I don't get charged with possetion as he knew my friend had some weed on him. But of course he never searched him or anything and let him walk the last three blocks home.

We get down to the station where they give me another test, and I blow a .07. The arresting officer scoffed at the machine and wrote on the arrest report 0.12. So I spent 8 hours in the four man county holding cell with 20 other guys. Get to talk to the prosecuiting attorney tommorrow, gonna see about a plea bargin on the grounds of Entrapment, and this cops total disrespect for my rights. He couldn't even tell me what he pulled me over for other than he seen me drive from the bar parking lot.

[W33T] JimmytehHand8
03-20-2009, 04:20 AM
You need to contact a defense attorney before you talk to the DA. Thats some shisty police work if I've ever seen it. You might be able to get the case thrown out of court Shadow.

Grim_Scythe
03-20-2009, 11:09 AM
Umm if I recall they need to read your rights when they arrest you ....wheres our resident cops?
Shouda asked what's the problem etc

winter
03-20-2009, 08:24 PM
There's three sides to every story, but... if you were not advised of your Miranda rights at any time, you may have some recourse, but proving it may be just as hard as proving all the other shady details. It would also involve either turning down any plea agreement with the prosecutor's office so your case can go to trial OR bringing a civil suit against the officer/municipality/county at your expense. Forget it.

DO NOT meet with the DA/CA without an attorney. DO NOT. Blow your savings on an attorney if you have to. Take your lumps and don't be in a position to have this happen again.

Shadowryche
03-21-2009, 02:32 PM
Well to add insult to injury. I help do crowd control at the bars on the weekends. Last night heading home after closing, the same officer who arrested me, stopped me again. Walked to my window with the PBT in hand, and only asked how much I had to drink that night. He was irrate when I told him three Sprite's and a Coke, which I'm sure he verified when he smelled nothing on my breath. The officer then got in a huff, got in his car and left.

[GOD] Retroactive88
03-22-2009, 10:09 AM
Did you bang this officer's wife or something? Shoulda never taken the blow toob in the first place. Luckily my best friend's dad is a bail bondsman.

JustMeBF2
03-22-2009, 01:52 PM
We get down to the station where they give me another test, and I blow a .07. The arresting officer scoffed at the machine and wrote on the arrest report 0.12.


Don't they have to print something from the office blow machine?

I don't hang with the bar crowd anymore so I am safe.

Shadowryche
04-11-2009, 09:39 PM
Finally some good news. Went to trial and the PA plus Judge agreed to reduce the charges. They were all sorts of unhappy with the ignorant cop who even lied on the arrest report. Cop wasn't so happy when I proved him wrong on it to. So I get a restricted license for 30-60 days, and he gets unpaid leave for a week.

Leadfoot
04-11-2009, 10:01 PM
Finally some good news. Went to trial and the PA plus Judge agreed to reduce the charges. They were all sorts of unhappy with the ignorant cop who even lied on the arrest report. Cop wasn't so happy when I proved him wrong on it to. So I get a restricted license for 30-60 days, and he gets unpaid leave for a week.

Congrats man. Awesome stuff, would have loved to see the look on the officers face.

JustMeBF2
04-11-2009, 10:09 PM
Congrats

?
Charges reduced from what to what.

Bonez
04-11-2009, 10:35 PM
you might have grounds for harassment based on the officers treatment of you after the arrest.

Shadowryche
04-12-2009, 02:51 PM
Congrats

?
Charges reduced from what to what.

Felony Operating Under the Influence. Also found out the officer wanted to press charges for me asking or shouting, "The fuck is your problem, you told me to go home?!". In his arrest report he said I charged his car like I was going to assault him. But the police video showed otherwise. Surprisingly they edited the video to just when he had stopped me. The part of him yelling at me and stalking me for 3 miles was kindly omitted from court.

Another discrepency from his report, he stated he let me call my step-dad to pick up my car. When in fact it was the sergent who transported me to the lock up who let me. I distinctly remember the arresting officer getting all sorts of upset when he did so.