So I got pulled over...

tommyboy

Ok, I have a question for you guys...

Friday night, I had a hockey game, and after the game we decided to head to a bar close by for a few beers after the win. We left when the bar closed up and apparently a cop was waiting at the alley we pull out from. I stopped completely but didn't put on my turn signal. Anyways, I was pulled over and had to do a field sobriety test. With a combination of being tired from the game (and work), not being on a level surface, being nervous as hell, and having some alcohol in the system;), I just couldn't do anything good (and failed).

Anyways, he finally gave me a breathilizer test and I was in fact under the limit (though he didn't tell me any of that till later). He did tell me though that I had to leave my car here and have someone pick me up. Being the case I wasn't arrested, I was confused he wouldn't let me go, but I was not ready to argue. So, I told him a friend was coming so he told me to follow him to the police station and wait there. Once I get there, I ended up pretty much being "forced" to take a blood test (long story and **** move on cops part but it was still voluntary).

Anywho, after all that He had nothing on me but still would not let me drive my car until the next morning. So my question is, I had my keys, did the cop have any legal right to keep me from driving? I was a .04 (and probably 0 by the time I left the station), and he checked to see no other drugs were in my system. Any cops/former cops on here?

Its not that big of a deal, just happy as this could of been much worse. Only confused (as was others I've asked) if I was really stuck there.

nguyendot

I'd just take the fact that you didn't get anything from it as a blessing, and leave it be.

Polkersince85

The cop probably saved somebody else's life. Send him a thank you note.

messiah

Polkersince85 wrote: »

The cop probably saved somebody else's life. Send him a thank you note.

what?? Thanks expert!!

cfrizz

You were cooperative & got off, be thankful, if you have to have a beer have one & then leave, that way you won't have to worry about cops in alleys looking for drunk drivers.

And remember to use your turn signals and follow all other rules of the road no matter WHAT time it is.

bobman1235

He had every right to take you off the road. YOu failed a field sobriety test. It's unfortunately not enough to arrest you (if you can't walk and talk you s houldn't be barreling down the highway in a 2 ton piece of steel with other people around), but it's enough to say you shouldn't be driving.

Call a cab next time.

mdaudioguy

You can still be considered "under the influence," while not legally drunk. What if he let you go and then you fell asleep behind the wheel? I think he was just teaching you a lesson and playing it safe as well. Just because you weren't legally impaired, doesn't mean there weren't other reasons you shouldn't have been driving. Live and learn!

tommyboy

bobman1235 wrote: »

Call a cab next time.

Wow, maybe I'm asking the wrong crowd here. We just decided to hang out after a game and had two beers, We weren't there to get wasted. Just cause I was pulled over (the guy was waiting for ANYBODY who pulled out of the bar) doesn't mean I was a threat to other drivers. And I didn't fail miserably during the test (i.e I didn't fall over like an idiot) just a few steps I didn't get perfect. Most people can't pass field sobriety tests sober (and passing is all up to the cop anyways) Did any of you ever actually do one? Its nerveracking as hell and you think so hard not to screw up that you do anyways.

After all of it, the cop never once said anything like, don't ever drink and drive again, or , learn to get a designated driver, cause he knew that I only had a few drinks, he was just trying to get me for anything (drugs). When I was sitting there cops were walking in all pissed cause they were trying for DUIs and couldn't get any. I guess I was his missed opportunity.

Anyways, near the end, he came in, had a seat with me and start asking if I was in school or anything. I told him I just recently graduated and he then told me a family member works at an engineering company and he believes they were hiring. Told me I should definitely give it s shot so I applied there yesterday.:p

mole'

i myself would have been pissed too but i think the cop was thinking about other peoples safety at the time and yours aswell.

just be happy that you got off

strider

mdaudioguy wrote: »

You can still be considered "under the influence," while not legally drunk. What if he let you go and then you fell asleep behind the wheel? I think he was just teaching you a lesson and playing it safe as well. Just because you weren't legally impaired, doesn't mean there weren't other reasons you shouldn't have been driving. Live and learn!

I think this is probably the most reasonable reasoning (and post in the thread). Field sobriety tests, IMO, aren't enough to charge you with anything, but are a tool to gather more evidence. They'll always do a breath or blood test to make it official. Personally, I think they just want you self incriminate by saying something to the effect of "I couldn't do this if I were stone sober".

Other then that, don't get upset by the Club Polk teatotallers, apparently their definition of driving under the influence is much stricter then the laws in every state of the union. Good on you for keeping your cool, and getting something positive out of the ordeal. It'll be a good story in a few years when you tell the junior engineers how you came to be their boss.

bobman1235

I don't think you had drank too much -- driving after a beer or two is perfectly reasonable -- but you mentioned being tired. Being tired is just as bad if not worse as having a bunch of beers. Combine a few beers with overtired, and you just shouldn't be driving. Not saying we all haven't been a bit too tired at one point and behind the wheel, but obviously if you failed the field sobriety test (they're put together like they are for a reason) your facilities weren't all there.

Better to air on the side of caution, that's all.

Joe08867

mole' wrote: »

i myself would have been pissed too but i think the cop was thinking about other peoples safety at the time and yours aswell.

just be happy that you got off

I agree 1000%. It sucks but he was looking out for you and the people around you. He must have felt you were unsafe to drive but not illegal.

Could have been a lot worse.

punk-roc

he couldn't let you drive.. what if you just randomly crashed (or were actually impaired) and someone's lawyer found out a cop let you drive after a stop... the police dept. would be screwed..

Demiurge

Sounds like the cop was simply mad you didn't blow over the legal limit and wanted to inconvenience you.

I had a similar situation 8 years ago when I was pulled over for no reason driving my friend home at 3 AM who was completely wasted (I was DD that night).

He made me get out of the car and perform his monkey tricks for him. What, with FOUR squad cars there shining their spotlights in my eyes and a copper SUV. I still managed to perform their field sobriety tests after which he made me take a breathalyzer. He was all sorts of pissed off when I blew fat goose eggs on that thing in front of his copper pals.

What did I get after all that? A speeding ticket! Yep...no "thanks for driving your completely wasted friend home and being responsible." Just a speeding ticket...and I wasn't speeding.

I'm a supporter of LEOs, but some cops are just ****. Sounds like you got pulled over by an **** cop just trying to inconvenience someone.

If you were driving recklessly that's one thing, and if that's the case he did the right thing.

shawn474

At least you got off and the only inconvenience was the time it took. If you failed a field sobriety test (it is either pass or fail and by your admission, you failed), I think the cop has every right to give you the blood test. A breathylyzer, after all, only detects alcohol. If you failed the sobriety test and blew anything on the breathylyzer, I guess he was making sure you weren't under the influence of any other drugs.

I know it was a pain, but you didn't get a ticket and you only lost some time in dealing with the hassle of getting a ride home and your car back. It could have been a lot worse and rest easy knowing cops are trying to keep your community safe. For every person they pull over, they MAY be saving a life.

cstmar01

Demiurge wrote: »

Sounds like the cop was simply mad you didn't blow over the legal limit and wanted to inconvenience you.

I had a similar situation 8 years ago when I was pulled over for no reason driving my friend home at 3 AM who was completely wasted (I was DD that night).

He made me get out of the car and perform his monkey tricks for him. What, with FOUR squad cars there shining their spotlights in my eyes and a copper SUV. I still managed to perform their field sobriety tests after which he made me take a breathalyzer. He was all sorts of pissed off when I blew fat goose eggs on that thing in front of his copper pals.

What did I get after all that? A speeding ticket! Yep...no "thanks for driving your completely wasted friend home and being responsible." Just a speeding ticket...and I wasn't speeding.

I'm a supporter of LEOs, but some cops are just ****. Sounds like you got pulled over by an **** cop just trying to inconvenience someone.

If you were driving recklessly that's one thing, and if that's the case he did the right thing.

Had the same thing happen to me. I was the DD and pulled out of a bar at the time of close. The cop pulled me over and I was stone cold sober and yet I had to prove to them I was. Everyone else in the car was drunk as crap and yelling at me and doing all this and that and were more annoyed because of what the cop was doing.

He was pissed though when I blew 00 and then was like well why were you leaving so late? I'm like dude, really? its bar close and they wanted to stay, nothing wrong with being a DD but it seemed like he wanted to get me for something...well I guess one of the lights that light up my rear plate was out and said he would give me a fix it ticket if he saw me again and I didn't get it taken care of...yeah that lame.

Demiurge

cstmar01 wrote: »

Had the same thing happen to me. I was the DD and pulled out of a bar at the time of close. The cop pulled me over and I was stone cold sober and yet I had to prove to them I was. Everyone else in the car was drunk as crap and yelling at me and doing all this and that and were more annoyed because of what the cop was doing.

He was pissed though when I blew 00 and then was like well why were you leaving so late? I'm like dude, really? its bar close and they wanted to stay, nothing wrong with being a DD but it seemed like he wanted to get me for something...well I guess one of the lights that light up my rear plate was out and said he would give me a fix it ticket if he saw me again and I didn't get it taken care of...yeah that lame.

If I was a cop I'd be happy there are people out there NOT drinking and driving all their friends home safely. Some cops ARE cool like that, but some just insist on being ****. I'm still pissed about that, to be honest, and that was a long time ago. I'm not mad about being pulled over at 3 AM, in fact I expect it to happen. But when all is good...you gotta be a jagoff and hand out a ticket?

I'm probably still mad because that's the only speeding ticked I ever received (not like I don't speed ). I did get it reduced to only a fine when I explained the situation to a judge, so it never affected my insurance, but still...its the principle of the matter. :mad:

billbillw

What you all have to remember is that driving under the influence can be prosecuted from more than one piece of evidence.

Things like the Breathalyzer and blood test are the physical evidence that cannot be argued. If you are over the limit, you are in violation. This is the most common way arrests are made and prosecuted because they have a nearly 100% conviction rate.

However, other lines of evidence can be used at the officers/prosecutors discretion. That would include observations of poor driving (failing to signal/maintain lane/etc) and/or the famous field sobriety test.

In all, you were lucky. An inconvenience, yes, but not nearly as much so as if he had arrested you (which he could have) and you had to deal with this in court.

Jstas

I knew this was gonna be a fun thread!

jinjuku

Bottom line: It doesn't matter WHAT reason, you failed a field function test. Doesn't matter if you were tired, hopped up on benadryle, or had a sugar/caffeine high.

If the cop thinks you are impaired and by all account the field function test proved this then it doesn't matter the nature of your impairment. The LEO has a legal obligation to make sure you don't drive and endanger someone.

2 years ago I was on the Ohio turnpike and constantly one Vehicle was not staying in lane or at consistent speed. This went on for three miles. We call the SHP. We followed the car to a rest stop and waited for the cops. We pointed out the car and found that the driver after a field test had been without sleep for approximately 36 hours. The LEO forced him to hand over his keys. If that cop had not taken his keys and the driver would have killed himself or another the cop would have been partially at fault.

fishbones

*cops point of view*

"I'm gonna sit here at this spot because 3 DUI accidents have come out of this bar in the last month, 1 of them fatal. Oh, there's one now, let's see what he does? Hmmm, no blinker? Maybe he's with it enough to stop, but not with it enough to use a blinker at the same time? I'm pullin' him, see what he's like, hopefully he's not armed and dangerous? Alcohol smell is apparent, time for a sobriety field test. Fail. Time for a breathalizer. Pass? I could be the 'cool cop' and let him go and everyone might be fine, OR, he could be high on something as well and kill a family 2 miles down the road? I couldn't live with myself if that happened. Time to go to the station and verify with a blood test. Passed. Good, glad to see it. Amazingly he hasn't turned into a jerk during this procedure, most do. Well, maybe I saved someone's life in the future, because he'll remember this the next time he has too many. Seems like a good kid and he's a graduate, starting his life off. He's proven to me that he's a good guy through this whole scenario and I think I'll tell him about that job opportunity I just heard about...."

He ended the night be telling you about an opportunity that could change your life for the positive, forever. And, he also took you off the road that you probably shouldn't have been on if you couldn't even pass the field test. And you're pissed at him? Sorry, I know the situation might not have been how you wanted to end your night, but seems like a pretty good guy to me.

Not saying this is exactly what happened, but sometimes looking at a situation from someone else's point of view can bring things into focus. BTW, I am not a cop, and I have had almost the same thing happen to me in my younger years before family. I was pissed at the time, but over the years I have grown to appreciate what he did for me because I won't ever forget it, and probably did save people's lives, maybe my own?

Ricardo

I drink to all this.

tommyboy

fishbones wrote: »

*cops point of view*

"I'm gonna sit here at this spot because 3 DUI accidents have come out of this bar in the last month, 1 of them fatal. Oh, there's one now, let's see what he does? Hmmm, no blinker? Maybe he's with it enough to stop, but not with it enough to use a blinker at the same time? I'm pullin' him, see what he's like, hopefully he's not armed and dangerous? Alcohol smell is apparent, time for a sobriety field test. Fail. Time for a breathalizer. Pass? I could be the 'cool cop' and let him go and everyone might be fine, OR, he could be high on something as well and kill a family 2 miles down the road? I couldn't live with myself if that happened. Time to go to the station and verify with a blood test. Passed. Good, glad to see it. Amazingly he hasn't turned into a jerk during this procedure, most do. Well, maybe I saved someone's life in the future, because he'll remember this the next time he has too many. Seems like a good kid and he's a graduate, starting his life off. He's proven to me that he's a good guy through this whole scenario and I think I'll tell him about that job opportunity I just heard about...."

He ended the night be telling you about an opportunity that could change your life for the positive, forever. And, he also took you off the road that you probably shouldn't have been on if you couldn't even pass the field test. And you're pissed at him? Sorry, I know the situation might not have been how you wanted to end your night, but seems like a pretty good guy to me.

The intent of my original post was not to **** and complain about what happened, only if anyone one knew if he was legally obligated to hold me thats all. I found out later that you even have the right to decline taking the sobriety test (since I was under the limit I'm glad I did though), so I was just curious

fishbones wrote: »

Not saying this is exactly what happened, but sometimes looking at a situation from someone else's point of view can bring things into focus. BTW, I am not a cop, and I have had almost the same thing happen to me in my younger years before family. I was pissed at the time, but over the years I have grown to appreciate what he did for me because I won't ever forget it, and probably did save people's lives, maybe my own?

I agree with your entire post except for the last sentence. Yes, I was a little tired, but the main reason I didn't perform the way he wanted was I was just nervous as hell, as this was the first time I was ever pulled over after consuming any alcohol, so I had no idea what to expect. I know some of you would disagree, but the only threat I had of crashing that night was a drunk driver or passed out person hitting me. Either way, being pulled over while having a few drinks, It was probably the best outcome for me, so in the end I am happy how it turned out.

dkg999

Sounds like pretty standard procedure on the LEO's part. The new trick in Iowa is to wait for people to go outside the bar to have a smoke, then nail them for public intoxication. In IA they also use the watch the cars at the bar closely trick, even using chalk to mark tires so they can get an idea of how long a car has been there. People have learned to have the DD drop them off and pick them up, no cars setting outside for long periods of time. The end-goal is met no matter, lots of small town bars closed for good.

Demiurge

Boy, thank God this cop got this train wreck waiting to happen off the road. Sounds like TommyBoy, who was jam packed with a couple beers and a little tired, was going to cream a van load of doe eyed toddlers had the cop not taken him in! All hail the police! Meanwhile actual drunks were probably driving by as this guy was out doing monkey tricks for the cop.

steveinaz

Having a sixer before driving helps me focus.

Toolfan66

steveinaz wrote: »

Having a sixer before driving helps me focus.

With a Vicodin....




J/K:p

fishbones

I am fortunate enough to always have a DD that doesn't drink...my wife. Woooohaaaaa

cstmar01

TOOLFORLIFEFAN wrote: »

With a Vicodin....




J/K:p

make that 5....

bobman1235

Demiurge wrote: »

Boy, thank God this cop got this train wreck waiting to happen off the road. Sounds like TommyBoy, who was jam packed with a couple beers and a little tired, was going to cream a van load of doe eyed toddlers had the cop not taken him in! All hail the police! Meanwhile actual drunks were probably driving by as this guy was out doing monkey tricks for the cop.

Overreact much?

I'm usually NOT on the side of traffic cops and their retarded antics / busting people for doing things that are not in the least bit dangerous... but he failed the f@#$%^g sobriety test. It's not like he passed and then was beaten with a billy club for being stupid looking.

Sure he "barely" failed and it was on account of some nerves, but he didn't get arrested so no harm no foul. I'm sure if he'd been able to walk in a freakin' straight line while purportedly sober and not all that tired, we wouldn't be having this conversation.

dkg999

I always fail the field test! I can't balance on my left foot due to an ankle injury. I can balance on my right foot all day long. I also can never do the alphabet backwards without a bunch of prep work and making scribbles in the dirt. I make them waste the $250 breathalyzer. Usually two of them because they think the first one was faulty.

I hear if you make them tase you prior to the breathalyzer that you'll blow a couple of points lower