Alcohol & Drugs: DUI, DWI arrest for salleged dui otherq

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Paul_H

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I live in a small town which everyone knows everyone including the police and the judge are all buddies. With all that said, I was arrested in February 2009 for alleged dui other. Based on the fact that I had a presciption that was prescribed to me in my jacket pocket.

The cop has a personal proble with me since i moved to this town. He of course would never admit something like that. But to the point.

I was clearing out a building on February 3,4,5 none stop because the property was about to be foreclolsed upon. Knowing that the property needed to be in the best condtion necessary I stayed there to complete the clearing of he building.

At about 10:30 am feb. 5 I ordered a pizza for lunch and drove to b-kwik to pick it up. I was starting to have low blood sugar plus exhausted for not sleeping. But the cop gets word from another cop in this 4 cop town that I was leaving the property. I then drove directly in front of the police station to get to the store. So I obviously wouldn't have done that if I was impaired legally or ilegally.

Anyway I do the breathalizer asnd did not register any alcohol. I did the other test and was starting to fail hand eye coordination. I was starting to get tunnel vision and about to pass out. I told the cop this and he didn't seem to care.

We get to the sheriff office and I offered to them blood test and also urine test which they were not interested in. They just put me in the drunk tank until later that day my wife found out where I was.

The video of him following me shows that I touched the yellow center line not crossing it and then later touched the white line also not crossing it. This all took place in about 1500 feet.

Do you think that I would have a civil case being that they did not arrest me based on any fact of intoxicants?

Thank you in advance for your answer and support. Paul H.
 
You probably were not technically arrested, but put in detention until "sober" and released. I am concerned that you were taken at all though.... based on what you have said anyway. You should find out what charges you were taken into custody for, and find out how the statute in your statue reads.
If not under the influence of alcohol, marijuana, or other illegal substance, you probably shouldn't have been taken in. If they didn't have sufficient evidence supporting alchol intoxication then there should have been an additional blood/urine test... they pretty much deprived you of the opportunity to prove that you were NOT under the influence.
 
I agree with moose, but you are going to have to make a very big legal stink out of this to get any relief. I'm not certain that it is worth the time and effort. Further you will just piss off more people in town. Tough spot. Good luck.
 
They did take me to the jail and took my license also. So yeah they did arrest me and suspeneded my license. Thank you mightmoose
 
Thanks for agreeing with moose but soemone needs to fight for peoples right in this podunk town. This type of arrest has happened to other out of towners I am starting to learn. Do you think that I would have a caes against the officer and the police department? I am willing to piss off the people in the department anyway because I am not going to be here much longer. I am trying to buy a house in another area 'the country'. Thank ou for your help. Paul
 
The police can't suspend your license, but they can confiscate it if it is suspended or even expired.
You still haven't confirmed what charges you were booked for at the jail.
You need to provide a lot more information if you want to determine that the police actually did something wrong. It seems fishy with the details you have provided, but there is usually more info out there that also needs to be heard.
 
It remains unclear to me rather or not you were ticketed, charged, etc. Additionally, it appears you were placed on a 6 hour hold for physical arrest. You should know that taking legal prescription medication and operating a vehicle is still DUI if the medication prohibits machinery operation. Additionally, if the good ol boy system is alive and well in your area, good luck getting a local attorney. More information is needed here !!!
 
I called the state patrol office and they said that I can't get my license back until next April. And they did charge me with dui other. The medication in question was a low dose of tramadol which I took at 5 am that morning and would have not had any affect on me at that time according to my doctor.Not to mention I didn't feel any different other than tires and blood sugar going down due to not eating right.

My bail was 1400.00 and it was paid in cash.

And your right the good ole boy system is very much in play in this hick town. I am looking for an attorney that is out for blood if you know what I mean.I'd like to find an attorney that has had problems in the past with law enforcement and knows what to do in a case like this.

I still think that I should get some reperations from all this.
 
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