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Cop Breathalyzes Me!




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#1 ʈuɱɓɭiɳɠ.ƌičɛ

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Posted January 03 2017 - 09:12 PM

So I was headed to work this morning, coming from a doctor's appointment, and as I'm turning onto Youngblood Drive the guy behind me rear ends me. (I was going to post pictures of the damage, but I was to depressed about the whole thing.) So the state police show up to file a report and everything seems to be going smoothly, but before the officer lets me go he pulls me aside and wants me to take a breathalyzer test...ME take a breathalyzer. At 9:00 am. I was the one who was hit for God's sake. He says he smells alcohol on me and there is just no way that could be true, I hadn't been anywhere near alcohol. The whole incident has left me rather shaken. (For those wondering, I blew a 0.0; the officer simply says I can go...and that is that, no other explanation.) I can't figure it out.

 

Ironically, I have to drop my car off tomorrow morning to have some minor body damage fixed, so I guess now the body shop can give me an estimate on the major body damage it sustained while it is there. That's the first new car I've ever bought and I swear I'll never buy another one, it has been nothing but trouble.

 


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#2 Pressed Rat

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Posted January 03 2017 - 10:53 PM

Sounds like another pig on a power trip.
Living is easy with eyes closed
Misunderstanding all you see
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It doesn't matter much to me

#3 morrow

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Posted January 04 2017 - 01:22 AM

Don't blame the car, it was the other driver...
And imagine, the other driver, you think he smells of booz, and the cop doesn't breathelyze him.... It's the thing to do.
At least you got a cop to the scene, and your insured...

See, TS all ok, that chunk of metal will be fixed in no time.

Nothing quite like a new car... Cheer up chuck ;)
  • ʈuɱɓɭiɳɠ.ƌičɛ likes this

#4 ʈuɱɓɭiɳɠ.ƌičɛ

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Posted January 04 2017 - 03:46 AM

UPDATE:  With a little help from Google I found out that the guy who hit me is an elected county official from a county that borders mine.  I did notice that the state trooper shook hands with him when he got out of his cruiser but thought nothing of it at the time.  Could these two know each other professionally?  I think it is likely.  Starting to sound like one buddy trying to help out another buddy to me, and grasping at straws.  The only thing the officer could possibly have smelled on me were toothpaste, Dial brand soap and/or underarm deodorant, none of which in my (very experienced) opinion smell anything like ethanol.  :cuss:


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#5 eggon

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Posted January 04 2017 - 04:42 AM

Might be better for you in the long run - there is no way that the other driver can claim that you were intoxicated now, if he chooses to dispute your version of events.


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#6 morrow

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Posted January 04 2017 - 09:22 AM

Find out his name, and pass it to your insurance, the fact you know his name..He won't want any press involved! ;)

#7 unfocusedanakin

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Posted January 11 2017 - 01:05 PM

I doubt this cop "smelled" anything. That is standard procedure to manufacture the probable cause needed to continue their contact with you. Smell can not be proven in court and it's a very easy thing to write in the report. Since the cop said there was a smell there must be a small. A cop knows that you are the criminal and they have an assumption of morality and truth you don't have.

 

Feel lucky it ended at that. The cop could have taken it much farther.

 

I once blew a 0.00 and STILL was charged with a DUI because the cop swore I was not acting right. Well I have a mild cerebral palsy tremor and I was nervous at the time. I probably was doing something that could also be drugs.  So I learned first hand how much a cop's word is trusted. All the evidence you think they need they did not have but still I fought for months. And there were many lies in the police report. My speech was slurred, I had a white film on my tongue, I admitted to drug use. None of this happened.

 

But I got an attorney who told me that loosing a case like this is an embarrassment for the other lawyer because DUI"s are open and shut. People are never innocent of them and in the last few decades the crack down on them has gotten bad. The other lawyer was also younger so probably really trying to establish a reputation. So no matter what their goal is to scare me into taking a plea bargain of driving with ability impaired which is not as bad a driving under the influence in the USA but still a very bad charge where I admit I was intoxicated while driving.

 

So my lawyer took him aside and explained she was prepared to go to trial and she would win because there is no case here. I ended up with a speeding ticket for 10 over which was a way for everyone to save face. They got me for something at least.



#8 youfreeme

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Posted January 11 2017 - 04:10 PM

UPDATE:  With a little help from Google I found out that the guy who hit me is an elected county official from a county that borders mine.  I did notice that the state trooper shook hands with him when he got out of his cruiser but thought nothing of it at the time.  Could these two know each other professionally?  I think it is likely.  Starting to sound like one buddy trying to help out another buddy to me, and grasping at straws.  The only thing the officer could possibly have smelled on me were toothpaste, Dial brand soap and/or underarm deodorant, none of which in my (very experienced) opinion smell anything like ethanol.  cuss.gif

 

Ugh.  That would seriously piss me off.  So unethical (if he did indeed breathalyze you to try and help a friend or someone else in a position of power).



#9 orison

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Posted January 11 2017 - 04:56 PM

maybe they were just covering their bases.. but Id refuse a on site DUI check .. take me to the hospital.. If I ever drink and drive its because I went to dinner and had a beer or mixed. In my state Id have to drink 4 of those to my weight comparison.. feeling I know my rights.. Take me to the hospital and get blood, I refuse your DUI field test..




 

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