[kpack5982]

So here's what happened (kinda long):

In my mazda 3, not my mustang thank god, and was driving home late at night after going to the nearest town to get some late night food. I was almost home, going only 25. I dropped my cell phone and went to pick it up and my car veered slightly to the curb, which in turn sucked me over. As it so happens, a bridge over a small creek was right there so I ran into the bridge embankment. Needless to say I was in quite a bit of shock after I hit it. I had consumed 2 beers at least an hour and a half before the incident, so the sheriff reported I smelled like alcohol. I told them the whole story and they gave me a breathalizer and I blew below the legal limit. They arrested me for public intoxication at that point

I got an attorney, I went to court, paid the fine the day of the court date and thought this was another "wonderful" event in my life I could put behind me, feeling very guilty and incredibly regretful and stupid for my lapse in keeping my eyes focused on the road.

Well here's the kicker. I found out last night from a close friend that someone down the line is dating a sheriff in my county and says they have it out for me because they thought I got off easy. I just got a new nissan rogue two weeks ago and they already know that I have that new vehicle, have my plates and know where I live. I have noticed sheriffs driving by my apt quite often and am just totally freaked out. I don't drive any more than 5 miles per hour above the speed limit, always use my turn signal, drive extremely defensive all the time, aware of all road signs, etc. , and I would not even consider driving under the influence or even if I am too tired to be able to drive.

Do you guys have any suggestions to what I should do? I don't want to be harrassed, and it not only scares me that they're looking for me, but it makes me extremely uneasy right now. I'm going to call my attorney and tell him what I've heard so he can document it in case something crazy would happen to me. Anything else you guys can suggest?

[Kilgore Trout]

Obey the law, avoid small town drama, you will be fine.

[Strype]

I know of similar situations around here and I have been the victim of profiling myself. The only thing I would do is keep a $20 voice recorder on me.

[LaserSVT]

Move

[GT40XStang9]

so the sheriff reported I smelled like alcohol

Alcohol has no smell. Either your lawyer sucks or he didn't say those exact words.

[JH96GT]

Obey local traffic laws and forget about it.

[poneypower89]

Originally Posted by GT40XStang9

Alcohol has no smell. Either your lawyer sucks or he didn't say those exact words.

Whatchu talk'n bout willis?

I can pretty much smell it anytime someone in my house opens a bottle of jack, crown, jim, johnny walker, etc.

Even skoal vodka.. i can smell.

[MeanMike]

I'd say you not only got screwed by your lawyer but by the judge as well. If you passed the breathalizer then you were not intoxicated and therefore should'nt have been sited for PI.

[DocG2828]

Yeah, walk the line and don't sweat it man. Sounds to me that you got pretty lucky on that first incident and realize it.

Next time you feel like they're following you....just make a few turns.....and if they keep following you, pull to the side of the road with your hazards lights on. A decent cop will pull over and see whats wrong. If they do, just say you thought it sounded like your tire was low and wanted to check it.

When they do not, pull their car number and report them as not assisting you in a traffic emergency.

[GT40XStang9]

Originally Posted by poneypower89

Whatchu talk'n bout willis?

I can pretty much smell it anytime someone in my house opens a bottle of jack, crown, jim, johnny walker, etc.

Even skoal vodka.. i can smell.

All of those contain alcohol, among other things.

A quick google search returns this:

The Suspect Had a Strong Odor of Alcohol on his Breath - Arizona DUI Laws Attorney Lawyer Phoenix DUI Drunk Driving Defense Extreme Penalties In Scottsdale

[poneypower89]

Originally Posted by GT40XStang9

All of those contain alcohol, among other things.

A quick google search returns this:

The Suspect Had a Strong Odor of Alcohol on his Breath - Arizona DUI Laws Attorney Lawyer Phoenix DUI Drunk Driving Defense Extreme Penalties In Scottsdale

So we are just playing word games then?

even the article says alcoholic drinks have odor... its straight alcohol that doesn't.... who the heck drinks straight alcohol?

I see what you're saying though.

in ANY case: Under legal limit is under legal limit....odor or no odor (and whether or not order even matters becomes a mute point here)

[strtrcr50]

That is not correct. The only thing the legal limit does is assure an automatic charge. D.U.I = driving under the influence. Not drunk driving. In fact,, you can be charged with a dui even if you blow 0.00 if the officer is inclined to believe you are under the influence of something else.

[rbohm]

Originally Posted by Strype

I know of similar situations around here and I have been the victim of profiling myself. The only thing I would do is keep a $20 voice recorder on me.

good advice, just dont let the cop know that you have the recorder.

Originally Posted by GT40XStang9

Alcohol has no smell. Either your lawyer sucks or he didn't say those exact words.

actually alcohol does have an odor after it is imbibed, trust me i have had to deal with the odor for many years in the hotel business. i got to the point where i could tell you even had a sip of an alcoholic beverage.

Originally Posted by MeanMike

I'd say you not only got screwed by your lawyer but by the judge as well. If you passed the breathalizer then you were not intoxicated and therefore should'nt have been sited for PI.

not true, if you have ANY alcohol in your system and you have had an accident, or were pulled over, even if you blow below the legal limit you can still be charged with a DUI if the officer felt that you were not in complete control of your vehicle.

my advice is to get to know the cops. once they know that you are a stand up guy, they will leave you alone. small towns are quite unique in their attitudes. make the cops your friend and you are golden, make an enemy of the cops, and you may as well move to the next small town, or to the city.

[The Green GT]

Originally Posted by strtrcr50

In fact,, you can be charged with a dui even if you blow 0.00 if the officer is inclined to believe you are under the influence of something else.

Im pretty sure he has to be able to prove you are under the influence. Not just say that he thinks you are so hes giving you a DWI.

[Kilgore Trout]

You could join the volunteer ambulance or fire service, this would totally reverse the situation and you would be helping your community.

[StangGT1995]

Here's what you need to do, if you have true cause for concern and you're truly being harassed.

• This one should go without saying, but obey the law. Even things like not coming to a complete stop and counting to 3 at a stop sign could be enough to hang you out to dry.
• Document everything. If you were doing the exact speed limit and no traffic laws are broken when you are stopped, this can only help you.
• If you're stopped, do not argue your case at the roadside. You'll never win and only give the officer ammunition against you in court. Court is the only place to argue. No exceptions.
• If you're given an order by the officer, immediately comply and be as completely cooperative as possible. Again, court is where you plead your case.
• If you have evidence of harassment, at this time you may file a complaint against the officer. If it continues, file a restraining order against the officer(s) doing the harassment. This may prohibit them from carrying a firearm and cause them to be placed on administrative leave, pending the outcome of the investigation, or cancellation/exipration of the restraining order.
• Retain legal counsel. Any and all correspondence between the PD/PD's attorney and yourself should now be done through counsel only. They may want to settle this without much attention, or pressure you into dropping your complaints/restraining orders. Follow your attorney's advice only. They are the one who will be able to make the harassment stop.

[strtrcr50]

Originally Posted by The Green GT

Im pretty sure he has to be able to prove you are under the influence. Not just say that he thinks you are so hes giving you a DWI.

Nope.. It will be your job in court to prove you were not under the influence. Either to a jury of your peers, or to a judge.
Notice how they no longer charge you with Driving While Intoxicated, now they use Driving Under the Influence. Less of a burden of proof that way.

[rbohm]

Originally Posted by StangGT1995

Here's what you need to do, if you have true cause for concern and you're truly being harassed.

• This one should go without saying, but obey the law. Even things like not coming to a complete stop and counting to 3 at a stop sign could be enough to hang you out to dry.
• Document everything. If you were doing the exact speed limit and no traffic laws are broken when you are stopped, this can only help you.
• If you're stopped, do not argue your case at the roadside. You'll never win and only give the officer ammunition against you in court. Court is the only place to argue. No exceptions.
• If you're given an order by the officer, immediately comply and be as completely cooperative as possible. Again, court is where you plead your case.
• If you have evidence of harassment, at this time you may file a complaint against the officer. If it continues, file a restraining order against the officer(s) doing the harassment. This may prohibit them from carrying a firearm and cause them to be placed on administrative leave, pending the outcome of the investigation, or cancellation/exipration of the restraining order.
• Retain legal counsel. Any and all correspondence between the PD/PD's attorney and yourself should now be done through counsel only. They may want to settle this without much attention, or pressure you into dropping your complaints/restraining orders. Follow your attorney's advice only. They are the one who will be able to make the harassment stop.

this is all good advice for the bigger cities, but i would avoid filing for a restraining order in a small town if at all possible, as that will only cause more problems. trust me i have lived in small towns, and you want to make peace with the cops if at all possible.

[jikelly]

Originally Posted by Kilgore Trout

You could join the volunteer ambulance or fire service, this would totally reverse the situation and you would be helping your community.

I was thinking this too. You might be able to also ride along with an officer on patrol. A friend of mine used to do that all the time. Course he wound up becoming a police officer.

[Wart]

Originally Posted by StangGT1995

Here's what you need to do, if you have true cause for concern and you're truly being harassed.

• This one should go without saying, but obey the law. Even things like not coming to a complete stop and counting to 3 at a stop sign could be enough to hang you out to dry.

• Of course the officer could always say you didn't stop when you did ...
  
  

  Document everything. If you were doing the exact speed limit and no traffic laws are broken when you are stopped, this can only help you.

  1) Documentation: If it isn't on paper it didn't happen.
  
  2) They could always just say you were speeding. Or they could pull the 'calibrated speedometer' thing. Or they could say they observed you wibble wobbling up the road since you have already admitted to being a cell phone chaser. ... Yes Your Honor, I observed suspect going over the left line then over the right line, least he didn't hit a bridge abutment this time.
  
  
  

  If you're stopped, do not argue your case at the roadside. You'll never win and only give the officer ammunition against you in court. Court is the only place to argue.* No exceptions.

  1) Answer only direct questions, not the openended questions, and offer nothing.
  
  2) Your 'defense' starts the moments before your pulled over.
  
  

  If you're given an order by the officer, immediately comply and be as completely cooperative as possible. Again, court is where you plead your case.*

  IF only because there are a million of them and an entire freaking Judicial System and only one of you and your wallet.
  
  * Yes, only plead you case in court. Chances are your not going to say anything original, and if you do say something original it will probably be noted for it's comedic value and passed around amongst the day room. Then there is the chance you'll piss off the cop which is never a good thing to do by the roadside. Last but by no means least, anything you say can and will be used in a court of law. You don't have to Mirandize to have your words used against you.
  
  
  

  If you have evidence of harassment, at this time you may file a complaint against the officer. If it continues, file a restraining order against the officer(s) doing the harassment. This may prohibit them from carrying a firearm and cause them to be placed on administrative leave, pending the outcome of the investigation, or cancellation/exipration of the restraining order.

  I would rather take a club and swat a hornets nest.
  
  If the LEO(s) started pulling you over just to say Hi, that would be a different story.
  
  
  

  Retain legal counsel. Any and all correspondence between the PD/PD's attorney and yourself should now be done through counsel only. They may want to settle this without much attention, or pressure you into dropping your complaints/restraining orders. Follow your attorney's advice only. They are the one who will be able to make the harassment stop.

It's a question of how big a wallet you have.

>>>>

OP, Heres the deal:

You screwed up. You chased something as valueless as a cell phone and let it draw your attention from what your suppose to be doing, operating a vehicle, with the result of hitting a bridge. How lucky you are that bridge wasn't a pedestrian.

Who is to say you don't deserve having an eye kept on you? Maybe they're waiting to see you plaster a cell to your head.

And this may be all it is, keeping an eye on you. You know how words get passed around and embellished. 'Watch that kid' turns into having a hard on for you.

If LEO isn't pulling you over just to say Hi your not really being harassed.

You've come under the gaze of LEO, done something that makes you stand out, eventually someone new will come along, they'll turn their attention elsewhere and 99% of you will be forgotten.

[strtrcr50]

Well said Wart.

[rbohm]

Originally Posted by strtrcr50

Well said Wart.

i agree.

[Wart]

Originally Posted by strtrcr50

Nope.. It will be your job in court to prove you were not under the influence. Either to a jury of your peers, or to a judge.

Unless going for 'big(ger) things' it's not worth going in front of a jury. But thats contingent on the size of The Wallet.

The loser side of going in front of a Judge is though this is a novel situation for you an experienced Judge has heard it too many times to be counted.

Either way, being in the system sucks.

Notice how they no longer charge you with Driving While Intoxicated, now they use Driving Under the Influence. Less of a burden of proof that way.

I think DUI has more to do with scope.

To us Lay people Driving While Intoxicated implies impairment due to alcohol. Driving Under Influence opens up the possibility of all impairments. From weed to script to the influence of fatigue.

The burden of proof remains, the scope of the statute is expanded.

[Jinx102672]

Paint your car orange and get a rebel flag decal for the roof

[Strype]

Originally Posted by Jinx102672

Paint your car orange and get a rebel flag decal for the roof

+1