Failure to yield

[Aggravated in Alabama]

Jurisdiction

Alabama

I was pulling out onto a two lane highway making a right from a shopping center after leaving the supermarket at night....looked saw one vehicle coming and knew that I would be fine to pull out onto the highway without affecting the driver approaching....the driver was a state trooper...he immediately put his lights on when i turned the corner ...i believe he was just annoyed i pulled out onto the road in front of him...we didn't really even discuss why he was pulling me over just he pretty much immediately started to ask me if I had been drinking...I said "no officer" he then asked if I would be able to breath in breathelizer I said "yes"...so I breath and He then says I lied to him....doesn't tell me what number I blew.....I said no officer " I have been shopping all day in the city and met a friend for two beers while i was in the city a couple hours ago...and now I was just making a trip to the grocery store before going home in my own town....he has me do field sobriety and then says he is going to have me sit in the back of his car while he waits a little ...asks me questions...and wants me to blow again....well I do blow and it's...a 0.6.......below the legal limit.. I'm not even sure why it was that high but I hadn't eaten all day...I assume maybe that has something to do with it...needless to say...he tells me he is not going to arrest me but I need to have someone pick me up and move my car or it will be towed and he will take me to jail and gives me a failure to yield ticket...says he should have arrested me because I lied and tells my elderly friend that he should have arrested me because I lied to him...now that that threat is out of the ...I'm aggravated I have this ticket which I don't believe I really deseve i dont believe I impeded him in any way on the road because he clearly was only interested in trying to arrest me for a DUI....and if I was below legal limit twice with breath test why did I have to leave my car there?

 

[army judge]

I was below legal limit twice with breath test why did I have to leave my car there?

Because a LEO can't allow an impaired driver to drive off in his/her presence.

I'm sure you understand why.

If you believe you are innocent, plead not guilty and go to trial.

In other words, arguing with a police officer is pointless.

Going to court, requesting a trial, you can tell it to the judge.

Good luck.

 

[Aggravated in Alabama]

I was pulling out onto a two lane highway making a right from a shopping center after leaving the supermarket at night....looked saw one vehicle coming and knew that I would be fine to pull out onto the highway without affecting the driver approaching....the driver was a state trooper...he immediately put his lights on when i turned the corner ...i believe he was just annoyed i pulled out onto the road in front of him...we didn't really even discuss why he was pulling me over just he pretty much immediately started to ask me if I had been drinking...I said "no officer" he then asked if I would be able to breath in breathelizer I said "yes"...so I breath and He then says I lied to him....doesn't tell me what number I blew.....I said no officer " I have been shopping all day in the city and met a friend for two beers while i was in the city a couple hours ago...and now I was just making a trip to the grocery store before going home in my own town....he has me do field sobriety and then says he is going to have me sit in the back of his car while he waits a little ...asks me questions...and wants me to blow again....well I do blow and it's...a 0.6.......below the legal limit.. I'm not even sure why it was that high but I hadn't eaten all day...I assume maybe that has something to do with it...needless to say...he tells me he is not going to arrest me but I need to have someone pick me up and move my car or it will be towed and he will take me to jail and gives me a failure to yield ticket...says he should have arrested me because I lied and tells my elderly friend that he should have arrested me because I lied to him...now that that threat is out of the ...I'm aggravated I have this ticket which I don't believe I really deseve i dont believe I impeded him in any way on the road because he clearly was only interested in trying to arrest me for a DUI....and if I was below legal limit twice with breath test why did I have to leave my car there?

Agreed! Pointless to argue with a police officer...in any case...I am 50 years old and have no accidents ...I did not feel impaired in any way...but I do believe he was annoyed with me pulling onto the road in front of him.....any defense for this ticket when it's one word against another as to when pulling onto the road I was not impeding his right away...or just suck it up because really it's just a matter of " he said she said" and most likely the judge will side with the officer...

 

[army judge]

Agreed! Pointless to argue with a police officer...in any case...I am 50 years old and have no accidents ...I did not feel impaired in any way...but I do believe he was annoyed with me pulling onto the road in front of him.....any defense for this ticket when it's one word against another as to when pulling onto the road I was not impeding his right away...or just suck it up because really it's just a matter of " he said she said" and most likely the judge will side with the officer...

If you're allowed to take traffic school, that's an easy win for you.
Complete the online school, the ticket gets dismissed.
No harm, no insurance increase, drivers license stays pure.

Or, ask the clerk of court about DEFERRED ADJUDICATION.

 

[leslie82]

I was pulling out onto a two lane highway making a right from a shopping center after leaving the supermarket at night....looked saw one vehicle coming and knew that I would be fine to pull out onto the highway without affecting the driver approaching....the driver was a state trooper...he immediately put his lights on when i turned the corner ...i believe he was just annoyed i pulled out onto the road in front of him...we didn't really even discuss why he was pulling me over just he pretty much immediately started to ask me if I had been drinking...I said "no officer" he then asked if I would be able to breath in breathelizer I said "yes"...so I breath and He then says I lied to him....doesn't tell me what number I blew.....I said no officer " I have been shopping all day in the city and met a friend for two beers while i was in the city a couple hours ago...and now I was just making a trip to the grocery store before going home in my own town....he has me do field sobriety and then says he is going to have me sit in the back of his car while he waits a little ...asks me questions...and wants me to blow again....well I do blow and it's...a 0.6.......below the legal limit.. I'm not even sure why it was that high but I hadn't eaten all day...I assume maybe that has something to do with it...needless to say...he tells me he is not going to arrest me but I need to have someone pick me up and move my car or it will be towed and he will take me to jail and gives me a failure to yield ticket...says he should have arrested me because I lied and tells my elderly friend that he should have arrested me because I lied to him...now that that threat is out of the ...I'm aggravated I have this ticket which I don't believe I really deseve i dont believe I impeded him in any way on the road because he clearly was only interested in trying to arrest me for a DUI....and if I was below legal limit twice with breath test why did I have to leave my car there?

Just because you're below the legal limit doesn't mean it's okay to drive. So you did lie to him when he asked you if you had been drinking. You had consumed alcohol that day. You improperly pulled out into traffic too.

It doesn't matter what you believe should have or did happen. You did lie. You had been drinking. The police officer wasn't wrong telling you to leave your car there.

How about in the future don't drink any alcohol if you plan on driving and don't pull out in front of cars?

 

[Aggravated in Alabama]

No I had not been out drinking ...I did not lie to him....I was shopping and stopped to meet a friend in the city for two beers...and then went to do more shopping....it was hours before he stopped me...I don't sit at bars drinking and get into a vehicle...I am sure he was annoyed that I pulled in front of him on the road with nobody behind him and it wasn't done improperly, which was my point....this is not a law answer and you my friend are a righteous idiot!

 

[leslie82]

No I had not been out drinking ...I did not lie to him....I was shopping and stopped to meet a friend in the city for two beers...and then went to do more shopping....it was hours before he stopped me...I don't sit at bars drinking and get into a vehicle...I am sure he was annoyed that I pulled in front of him on the road with nobody behind him and it wasn't done improperly, which was my point....this is not a law answer and you my friend are a righteous idiot!

You said you drank two beers. That's drinking alcohol. He didn't ask you if you were incoherently intoxicated. He asked you if you had been drinking that day and you had been drinking alcohol that day. See when I am going to drive anywhere I make sure I don't have any alcohol to drink. Why? Because then I know I won't get a DUI and I won't have anything show up on a breathalyzer if I were to get pulled over. And because you should not have ANY alcohol to drink if you're going to drive a vehicle. It's just called common sense.

How was it done properly?

There is no legal advice dispensed on this page. Read the disclaimer - I think you might want to think twice about who you call a "righteous idiot" when you can't even read a disclaimer on the bottom of the page. You can't get legal or "law" advice here.

 

[Aggravated in Alabama]

W

You said you drank two beers. That's drinking alcohol. He didn't ask you if you were incoherently intoxicated. He asked you if you had been drinking that day and you had been drinking alcohol that day. See when I am going to drive anywhere I make sure I don't have any alcohol to drink. Why? Because then I know I won't get a DUI and I won't have anything show up on a breathalyzer if I were to get pulled over. And because you should not have ANY alcohol to drink if you're going to drive a vehicle. It's just called common sense.

How was it done properly?

There is no legal advice dispensed on this page. Read the disclaimer - I think you might want to think twice about who you call a "righteous idiot" when you can't even read a disclaimer on the bottom of the page. You can't get legal or "law" advice here.

Wow!!! You are wrong he did not ask me if I had anything to drink that day! He asked "Have you been drinking?" And I had not! So I guess you only drink in your home? Because I don't keep any alcohol in my house...and only drink socially when I am out on occasion....since there is no "legal advice given which is stated in the disclaimer" ...i will give you some....the reason they have an alcohol limit is so that people who have had too much to drink and are impared can't go out on the road and kill somebody, and since it is legal to consume alcohol they've established at what point is too much alcohol consumed that a person can not be capable of operating a vehicle safely. I did not get a DUI which I was sure I wouldn't because I had not been out drinking! But don't be ignorant to think there is not a lot of money to be made on DUI's and if you get stopped for any reason tail light out, speeding etc. It will be the first thing they will ask you! Sounds like you are having a bad day or just bored. I suggest you find something more productive.with your day then to look for people to berate.with your nonsense comments.....

 

[leslie82]

W


Wow!!! You are wrong he did not ask me if I had anything to drink that day! He asked "Have you been drinking?" And I had not! So I guess you only drink in your home? Because I don't keep any alcohol in my house...and only drink socially when I am out on occasion....since there is no "legal advice given which is stated in the disclaimer" ...i will give you some....the reason they have an alcohol limit is so that people who have had too much to drink and are impared can't go out on the road and kill somebody, and since it is legal to consume alcohol they've established at what point is too much alcohol consumed that a person can not be capable of operating a vehicle safely. I did not get a DUI which I was sure I wouldn't because I had not been out drinking! But don't be ignorant to think there is not a lot of money to be made on DUI's and if you get stopped for any reason tail light out, speeding etc. It will be the first thing they will ask you! Sounds like you are having a bad day or just bored. I suggest you find something more productive.with your day then to look for people to berate.with your nonsense comments.....

You had been drinking.

I don't drink any alcohol at all. The most I have had in the last almost four years is a couple of wine coolers - and yes I only drank them at home. I don't like to drink alcohol at all ever since I had my daughter. I have no need nor time for it.

They set a limit just like they set a speed limit. Not everyone who drives over the speed limit gets in an accident and not everyone who is intoxicated drives like a maniac. There are actually fully functioning alcoholics out there who you wouldn't even know they are intoxicated looking at them.

You didn't get a DUI because you were not "legally" intoxicated. Some people are intoxicated after one drink. Some aren't until 20 drinks or more. That's why they have a limit.

I got pulled over a couple years ago and the cop never asked me if I was drinking. He asked me if I knew why he pulled me over. I said I don't know why. He said I was missing the tag on my back license plate. Well it fell off. But he never once asked me if I had been drinking. So no they don't ask you every time they pull you over if you've been drinking. In fact, any time I have been pulled over I have NEVER had a cop ask me if I was drinking. Weird huh? So there is a reason that cop asked you - because you most likely improperly pulled into traffic.

No I am not having a bad day but you sound like you're a little bitchy. I suggest that you don't tell me what I should do with my day. I will do whatever I wish to do with my time. It's mine not yours. Here's an idea - don't like my comment IGNORE it. Pretty simple. Have a lovely day!