NinetySeven
New Member
I'm a 20 year old male from California. I have never taken drugs in my life, and do not drink! I was driving home from a friend's house after spending Friday night with some friends. I was stopped for speeding at 1:30 A.M. about 20 minutes from my house. I had never received a speeding ticket before, nor had I ever committed a crime before and was a little nervous and worried about what this would do my insurance rates. I handed the officer my license, registration, and insurance information. He then asked me to step out of the car and his partner proceeded to give me a breathalyzer test. I complied with the test and passed with flying colors. (Legal limit for a person under the age of 21 in California is .01)
When I do get nervous I have a tendency to shake. The officer asked me if I was on any drugs and I replied "No". He then took my pulse and stated that it was very high. I told the officer I was really nervous and that was why. He then hand cuffed me and told me he believed i was under the influence of narcotics and wanted to have another officer take a look at me. He put me in the back of the squad car and told me that he would roll the windows on my vehicle up and lock the car.
He had the driver side door open and was looking through my car when another vehicle came speeding a long in the far right lane missing my door and the officer by inches. He jumped from my vehicle and ran to the squad car. By the time we got on the road, the other car was long gone, but he sped after him leaving his female partner behind with my vehicle. As he began to catch up to the second car he took a freeway off ramp at around 90 mph. I was handcuffed with no seatbelt and slammed my head against the squad car window because I could not hold myself up. I looked behind me and the female officer was chasing after us in my vehicle at a high rate of speed. At this point I was outraged but kept my mouth shut as to not cause trouble. Had the female officer wrecked my car, my insurance would have never covered it. Had she hit a curb or damaged the car in anyway I would be responsible!!!
The other driver failed the breathalyzer test and was put in the back of the squad car with me and we were taken to the local county jail. My car was left on the side of the street in what is a less then desirable neighborhood.
When we arrived to the jail I was read my rights and asked to answer questions. The officer asked me if I had been under the influence of any alcohol, narcotics, or even prescription drugs. I told the officer I was not, and that was the truth. I took the field sobriety test in the station (walking on the yellow line, touching my nose, guessing 30 seconds, and balancing on one foot, pen test, etc...)
The officers discussed the results for a long time and then told me that they believed I was under the influence of some kind of stimulant such as Meth, Crank, Speed, or Ecstasy because I passed all the physical tests, but my pulse was very high. I told them that again, I was nervous and scared but was told again they believed I was under the influence of a narcotic and I was under arrest.
I asked for a blood test.
I was placed inside a holding tank for 6 hours before being called for fingerprints. The phone inside the holding tank had no dial tone and me and several other men inside the holding tank told the deputy's only to be told that "We will get it turned on."
I was very tired and hardly able to keep my eyes open so during my fingerprinting process I began to shut my eyes and place my head on my shoulder. The officer told me to wake up and I told him I was getting really tired. I then lost my eye sight and told him that I could not see anything. He continued the finger printing process. I closed my eyes and fell backwards. He yelled for other deputy's and they took me to a single person holding tank and sat me down. I immediately began to fall asleep. They called for a nurse who questioned me as to what drugs I was on. I told her that I had no been on any drugs but that I had suddenly gotten real tired and couldn't stay awake. She asked me if I had sustained any head injuries and I told her that "I did not know". The nurse and deputy left me in the holding cell for three hours without offering me any more medical attention. I believe now that I suffered a concussion from slamming my head against the window of the squad car during the pursuit of the other vehicle.
Three hours later I was woken up and handed a pink sheet (a receipt for my belongings), the deputy then asked me if I wanted a sandwich and I said yes. I then asked him if I could make a phone call and was denied. He said that "You are moving rooms soon anyway."
I waited around a half hour and then asked once again for a phone call. The deputy yelled at me asking if I was "STILL HIGH!?" As another deputy passed I asked him if he could just do me a favor and call my parents to let them know I was ok. I was suppose to see them by now and knew they would be worried about me had I not called or answered my cell. He replied "I think they will figure it out!"
I asked several more times, and even told one of the deputies that I had now been there for over ten hours and had not received a single phone call. They continued to make excuses such as "your moving rooms", "hold on for a few more minutes.", or "You will get one soon."
Four hours after receiving my belongings receipt and my sandwich I hear someone shout that a missing persons report had been filed for me. The officer came to the door and told me to "grab my things". I asked if I was leaving and he said "Yes you're being released." I then asked him if I could make one phone call and was told "This is downtown, there is pay phones all over."
Immediately after release I picked up my car which was thankfully still there and had not been broken into. I then went and had a drug test done at a medical clinic nearby. I am still awaiting the results but I am 110% sure that the blood tests will come back completely clean. Once again, I have never done drugs in my life and do not drink alcohol!
I was charged with Mis. Driving under the influence of alchohal and/or narcotic and Mis. Under the influence of narcotic!
I am at a complete loss as to what to do! I talked to an attorney today about what could be done and was told by two of them that they want to see my drug test results first. I'm worried that if I don't at least file a complaint soon that it may be too late to get something done! The police said that the blood test would take 10 days. The clinic I went to said two days, so I will hopefully receive those results today or tomorrow since Monday was a holiday.
Another lawyer told me that "There isn't enough money in the world to sue the state"
What can I do to file a complaint against the arresting officers? Do I have a case for a civil suite? Is this false arrest?!? Please help, I'm at a complete loss and feel totally helpless right now!
Sorry for the extremly detailed post, but I am trying to provide as accurate information as I possibly can!
When I do get nervous I have a tendency to shake. The officer asked me if I was on any drugs and I replied "No". He then took my pulse and stated that it was very high. I told the officer I was really nervous and that was why. He then hand cuffed me and told me he believed i was under the influence of narcotics and wanted to have another officer take a look at me. He put me in the back of the squad car and told me that he would roll the windows on my vehicle up and lock the car.
He had the driver side door open and was looking through my car when another vehicle came speeding a long in the far right lane missing my door and the officer by inches. He jumped from my vehicle and ran to the squad car. By the time we got on the road, the other car was long gone, but he sped after him leaving his female partner behind with my vehicle. As he began to catch up to the second car he took a freeway off ramp at around 90 mph. I was handcuffed with no seatbelt and slammed my head against the squad car window because I could not hold myself up. I looked behind me and the female officer was chasing after us in my vehicle at a high rate of speed. At this point I was outraged but kept my mouth shut as to not cause trouble. Had the female officer wrecked my car, my insurance would have never covered it. Had she hit a curb or damaged the car in anyway I would be responsible!!!
The other driver failed the breathalyzer test and was put in the back of the squad car with me and we were taken to the local county jail. My car was left on the side of the street in what is a less then desirable neighborhood.
When we arrived to the jail I was read my rights and asked to answer questions. The officer asked me if I had been under the influence of any alcohol, narcotics, or even prescription drugs. I told the officer I was not, and that was the truth. I took the field sobriety test in the station (walking on the yellow line, touching my nose, guessing 30 seconds, and balancing on one foot, pen test, etc...)
The officers discussed the results for a long time and then told me that they believed I was under the influence of some kind of stimulant such as Meth, Crank, Speed, or Ecstasy because I passed all the physical tests, but my pulse was very high. I told them that again, I was nervous and scared but was told again they believed I was under the influence of a narcotic and I was under arrest.
I asked for a blood test.
I was placed inside a holding tank for 6 hours before being called for fingerprints. The phone inside the holding tank had no dial tone and me and several other men inside the holding tank told the deputy's only to be told that "We will get it turned on."
I was very tired and hardly able to keep my eyes open so during my fingerprinting process I began to shut my eyes and place my head on my shoulder. The officer told me to wake up and I told him I was getting really tired. I then lost my eye sight and told him that I could not see anything. He continued the finger printing process. I closed my eyes and fell backwards. He yelled for other deputy's and they took me to a single person holding tank and sat me down. I immediately began to fall asleep. They called for a nurse who questioned me as to what drugs I was on. I told her that I had no been on any drugs but that I had suddenly gotten real tired and couldn't stay awake. She asked me if I had sustained any head injuries and I told her that "I did not know". The nurse and deputy left me in the holding cell for three hours without offering me any more medical attention. I believe now that I suffered a concussion from slamming my head against the window of the squad car during the pursuit of the other vehicle.
Three hours later I was woken up and handed a pink sheet (a receipt for my belongings), the deputy then asked me if I wanted a sandwich and I said yes. I then asked him if I could make a phone call and was denied. He said that "You are moving rooms soon anyway."
I waited around a half hour and then asked once again for a phone call. The deputy yelled at me asking if I was "STILL HIGH!?" As another deputy passed I asked him if he could just do me a favor and call my parents to let them know I was ok. I was suppose to see them by now and knew they would be worried about me had I not called or answered my cell. He replied "I think they will figure it out!"
I asked several more times, and even told one of the deputies that I had now been there for over ten hours and had not received a single phone call. They continued to make excuses such as "your moving rooms", "hold on for a few more minutes.", or "You will get one soon."
Four hours after receiving my belongings receipt and my sandwich I hear someone shout that a missing persons report had been filed for me. The officer came to the door and told me to "grab my things". I asked if I was leaving and he said "Yes you're being released." I then asked him if I could make one phone call and was told "This is downtown, there is pay phones all over."
Immediately after release I picked up my car which was thankfully still there and had not been broken into. I then went and had a drug test done at a medical clinic nearby. I am still awaiting the results but I am 110% sure that the blood tests will come back completely clean. Once again, I have never done drugs in my life and do not drink alcohol!
I was charged with Mis. Driving under the influence of alchohal and/or narcotic and Mis. Under the influence of narcotic!
I am at a complete loss as to what to do! I talked to an attorney today about what could be done and was told by two of them that they want to see my drug test results first. I'm worried that if I don't at least file a complaint soon that it may be too late to get something done! The police said that the blood test would take 10 days. The clinic I went to said two days, so I will hopefully receive those results today or tomorrow since Monday was a holiday.
Another lawyer told me that "There isn't enough money in the world to sue the state"
What can I do to file a complaint against the arresting officers? Do I have a case for a civil suite? Is this false arrest?!? Please help, I'm at a complete loss and feel totally helpless right now!
Sorry for the extremly detailed post, but I am trying to provide as accurate information as I possibly can!
