Falsely accused - DUI

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Thrown in jail

Ashland, KY

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#1
Apr 24, 2013
 
I was thrown in jail for three nights after being accused of a DUI by an area cop. My lab results were .04 and no drugs were found in my system. The arresting officer falsified the police report and stated my breathalizer result showed .08 and that there was white powder up my nose. I was guilty until proven innocent, but I am still haunted by this incident and it has been over a year since this happened. I had to pay $275 to get my vehicle out of impound that the officer had towed away and had to get an attorney that cost me $1000. I was under the false assumption that you couldn't be arrested unless the breathalizer showed .08 or above. Have any other people out there been arrested for a dui falsely? I'd like to hear your story or comments.

Since: Dec 12

Huntington, WV

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#2
Apr 24, 2013
 
Cops do whatever they can to make their case "stick" against you, as it will always come down to your word against theirs. DUI's are $ makers for cops because a while back the unions changed their pay status to pay time X .5 for late night shifts and timeX .5 for court appearances, and they have to appear in court for every person they arrest, so they stand to make a lot of money ( and they do). DUI's are a perfect money maker for them because there is so much grey area and speculation, and they play off of that. You can be cited for a DUI at .04 IF your driving was consistent with someone under the influence. Why were you in jail for 3 nights? Didnt you post bond? Was this your 1st offense? Why couldnt you leave your car at the place where you were pulled over? Is there more to this story than you have written here? DUI's are also money makers for the state so it may be more of a DMV case than a court case. Did you enroll in the test & lock deferral program?
Thrown in jail

Ashland, KY

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#3
Apr 24, 2013
 
nohalgerg wrote:
Cops do whatever they can to make their case "stick" against you, as it will always come down to your word against theirs. DUI's are $ makers for cops because a while back the unions changed their pay status to pay time X .5 for late night shifts and timeX .5 for court appearances, and they have to appear in court for every person they arrest, so they stand to make a lot of money ( and they do). DUI's are a perfect money maker for them because there is so much grey area and speculation, and they play off of that. You can be cited for a DUI at .04 IF your driving was consistent with someone under the influence. Why were you in jail for 3 nights? Didnt you post bond? Was this your 1st offense? Why couldnt you leave your car at the place where you were pulled over? Is there more to this story than you have written here? DUI's are also money makers for the state so it may be more of a DMV case than a court case. Did you enroll in the test & lock deferral program?
I just spent 45 minutes giving you much of the detail of what happened to me and then hit a wrong key apparently and lost it. I may feel like typing in all the details again later. I didn't get a DUI ultimately. I received $100 fine and $240 in court costs for driving too slow for traffic conditions. My bail was set at $1500 and I couldn't come up with it so had to stay from Friday evening until Monday afternoon when I saw the judge in court who then released me without bail. I think it is standard procedure around here for a cop to have your vehicle towed away when you are accused of a DUI. What is the test & lock deferrel program? By the way I am a 61 year old female who was put in the drunk tank for three nights in a velcroed jumper. I guess they thought I was a suicide risk because I cried and carried on all Friday evening until I got word of my bail. Then I cried and carried on the rest of the time I spent in jail in the drunk tank. I appreciate your information and comments. I'll never drink a drop and drink again. I didn't think a cop would get you if you were under the legal limit.
Hmm

Hookstown, PA

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#4
Apr 25, 2013
 
Legal limit is .08 in order to occur a DUI.
Thrown in jail

Ashland, KY

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#5
Apr 25, 2013
 
Hmm wrote:
Legal limit is .08 in order to occur a DUI.
Yes, I know what the legal limit is and I was well below it (.04), but I was thrown in jail anyway and had to stay there for three nights. I was cleared by my bloodwork and through court with an attorney that cost me $1000, but that doesn't erase the terrible experience I had and the expenses I incurred because I was guilty until proven innocent. I just want to warn others to avoid drining even one drink before driving because if a cop wants to arrest you for DUI, you've given him an excuse to do it by even drinking one. Come to think of it, I guess a cop can arrest a person for anything if they would to make up so lies in order to do it - Quotas to fill, feathers in their caps, promotions or just because they want to exert their power over others.
thatsawrap

Charleston, WV

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#6
Apr 25, 2013
 
I'm sorry, but it you're 61 years old you should have been more responsible and not been pulled over for a DUI in the first place. People complain all the time about how officers need to "crack down" on drugs and drunk driving, yet when they do they are reprimanded for it. Yes,.08 is the legal limit. Yes, you were a .04, but you also have to realize that being drunk is also going to depend one if you've had two beers and weight 140 lbs or 2 beers and 290 lbs. Innocent people die every day from "buzzed" or drink driving.
Really

South Point, OH

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#7
Apr 25, 2013
 
thatsawrap wrote:
I'm sorry, but it you're 61 years old you should have been more responsible and not been pulled over for a DUI in the first place. People complain all the time about how officers need to "crack down" on drugs and drunk driving, yet when they do they are reprimanded for it. Yes,.08 is the legal limit. Yes, you were a .04, but you also have to realize that being drunk is also going to depend one if you've had two beers and weight 140 lbs or 2 beers and 290 lbs. Innocent people die every day from "buzzed" or drink driving.
0.4 would approximately be 1 beer and that is ridiculous to be charged with a DUI for that. If alcohol is that dangerous then it should be illegal. It's mot because the Police and State make too much money from it!

Since: Dec 12

Huntington, WV

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#8
Apr 25, 2013
 
Really wrote:
<quoted text>
0.4 would approximately be 1 beer and that is ridiculous to be charged with a DUI for that. If alcohol is that dangerous then it should be illegal. It's mot because the Police and State make too much money from it!
.4 and you'd be dead. Its .04 and no,.04 is not one beer, its how much you weigh and the time spent consuming it. But I do agree its a money maker for state and cops.

Since: Dec 12

Huntington, WV

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#9
Apr 25, 2013
 
Hmm wrote:
Legal limit is .08 in order to occur a DUI.
Not necessarily. IF you drive suspiciously at .04 they can still charge a DUI.
Judge Judy

Saylorsburg, PA

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#10
Apr 25, 2013
 
I don't buy this story. Sounds like a lot of BS. The officers breathalyzer would have the alcohol levels time stamped. It's not like he could just write down whatever he wanted. This old drunk is blowing smoke.
Thrown in jail

Ashland, KY

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#11
Apr 30, 2013
 
Judge Judy wrote:
I don't buy this story. Sounds like a lot of BS. The officers breathalyzer would have the alcohol levels time stamped. It's not like he could just write down whatever he wanted. This old drunk is blowing smoke.
I don't know anything about a time stamp on a breathalizer, but my lab report showed .04. He wrote down several falsehoods in his report. He was full of BS.
Judge Judy

Saylorsburg, PA

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#12
Apr 30, 2013
 
Thrown in jail wrote:
<quoted text>I don't know anything about a time stamp on a breathalizer, but my lab report showed .04. He wrote down several falsehoods in his report. He was full of BS.
The breathalyzer prints out the results like a receipt. Has the time date and results. You can't really fake that.
Sick people society

Houston, TX

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#13
May 16, 2013
 
You people are like a bunch of vultures, fighting over meat. The only way to get away from this torture is to get away from people. Move far away from people. Human beings are sick people and they prey on the weak, the young and the old. Leave that poor lady alone, she's been through enough.
Joe

Ashland, KY

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#14
May 16, 2013
 
Judge Judy wrote:
<quoted text>
The breathalyzer prints out the results like a receipt. Has the time date and results. You can't really fake that.
Breathalizer results are not always accurate - that's why a blood and urine test is taken at the hospital.
Ronald

Charleston, WV

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#15
May 16, 2013
 

Judged:

1

Police WILL lie and say what makes THEM look good. They are in bed with the magistrates because they work together every day. Magistrates automatically side with the cops. That is why you MUST have an attorney, or just pony up the cash. This is fact.
unsure

Washington, DC

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#16
May 16, 2013
 
I've had some medical training and I'm not sure you are telling everything...alcohol metabolizes in your body. If you were dinking and driving your bac would be going down regardless. And who takes a lab test Instead of a breath test? You either took the breath test and failed or were suspected of using drugs, hence the blood test. Maybe some more details would help.
3 posts removed
Toots

Sioux City, IA

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#20
May 16, 2013
 
.08 is a presumption of intoxication. There is no such thing as a "legal limit". If you blow an .07 you can still be guilty if that level of impairment hampers your driving ability. The only difference is that at a .07, the State does not have the presumption of intoxication. Of course, all legal presumptions are rebuttable. And my legal education is straight street! Artisan ave for life!!!
Norah

Villawood, Australia

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#21
Sep 19, 2013
 
I can believe anything due to what is currently happening to me. My BAL level with the hospital was 0.01 and when the police tested it it was 0.1. I think your immediate reaction is. Well there's been a mistake end of story but no. it's going to court. And yes you guessed it I'm guilty until I can prove my innocence. and yes it's costing me a lot of $$$$$$.
Larry

Saint Albans, WV

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#22
Sep 19, 2013
 

Judged:

1

1

We live in an authoritarian society. Laws tell us what we cannot do not what we can do. There are code books so thick everywhere nobody could know all those laws.

DUI can be a legitimate problem but most of the time it generates revenue for the alcoholic beverage companies, the courts, and insurance companies.

It's all planned. They put a bar and liquor store on every street corner by permit. Everyone knows Americans drive an automobile every place they go. When anyone sees cars and trucks parked in front of a bar and grill you know there is a good chance someone is having a drink and will drive home.

They selectively enforce these laws as needed.

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