this is a complicated situation...
my boyfriend and i were at a restaurant. he pulled the car around to the front and went to move it up a little and either he hit another car or the other car hit him. Damage was minimal but the girl started freaking out because "mommy and daddy" just bought her that car. So she calls the cops. The girl right away says "HE'S BEEN DRINKING!" about my boyfriend. They give him a sobriety test, which he fails. Then they handcuff him and put him in the back of a police car. Next thing i know, I'm getting handcuffed and put in the back of a police car (they gave me no reason as to why). Then, the cops search my car without asking my permission. Did they have probable cause just because my boyfriend didn't pass a sobriety test? In their search, they found an open container (we were taking it to his sister's house) and they found my pipe and some seeds. Upon asking me, i said i wanted to talk to a lawyer. My boyfriend said it was his but provided no more information. At the police station he tested a 0.08% (legal limit) on the breathalyzer but they still gave him a DUI ticket and me a DUI/allowing ticket. They also gave him a ticket for the pipe and the seeds. Now, if they didn't even ask my permission to search the car, is that an illegal search? Also, should we have gotten DUI tickets if he was at the legal limit? They didn't even give me a breathalyzer test to prove that i wasn't drunk! Even the manager of the restaurant came out and said that my boyfriend only had ONE drink! And the officers didn't even bother to take accident information from us, only the other people! Was this whole situation messed up? Are there tons of errors here?
my boyfriend and i were at a restaurant. he pulled the car around to the front and went to move it up a little and either he hit another car or the other car hit him. Damage was minimal but the girl started freaking out because "mommy and daddy" just bought her that car. So she calls the cops. The girl right away says "HE'S BEEN DRINKING!" about my boyfriend. They give him a sobriety test, which he fails. Then they handcuff him and put him in the back of a police car. Next thing i know, I'm getting handcuffed and put in the back of a police car (they gave me no reason as to why). Then, the cops search my car without asking my permission. Did they have probable cause just because my boyfriend didn't pass a sobriety test? In their search, they found an open container (we were taking it to his sister's house) and they found my pipe and some seeds. Upon asking me, i said i wanted to talk to a lawyer. My boyfriend said it was his but provided no more information. At the police station he tested a 0.08% (legal limit) on the breathalyzer but they still gave him a DUI ticket and me a DUI/allowing ticket. They also gave him a ticket for the pipe and the seeds. Now, if they didn't even ask my permission to search the car, is that an illegal search? Also, should we have gotten DUI tickets if he was at the legal limit? They didn't even give me a breathalyzer test to prove that i wasn't drunk! Even the manager of the restaurant came out and said that my boyfriend only had ONE drink! And the officers didn't even bother to take accident information from us, only the other people! Was this whole situation messed up? Are there tons of errors here?