Bath powder causes a dui arrest

Posted in the Louisville Forum

Law abiding citizen

Ashland, KY

#1 May 21, 2013
It's a long story. I was stopped for driving too slow one evening (fear of deer coming out on me in a very populated deer area). The officer spotted bathpowder that I had failed to completely rub in on my arm and wouldn't believe that it was bath powder. He looked up my nose with a flashlight and said I had been snorting, that something was in my nose. He wrote lies in his report about me. I got handcuffed, thrown in jail, was humiliated to have to appear at the hospital e.r. in handcuffs and in both handcuffs and leg shackles in court, got car impounded that cost $260 to get out, had to get an attorney at a cost of $1000. I was guilty until proven innocent. I got fined $100 for a minor traffic violation - driving too slow. I ultimately did not get a DUI. However, what about all the misery this incident caused me and the money it cost me. When I finally got my day in court, I had already been greatly punished, unjustifiably. When I was cleared of the DUI, justice was not completely served. I had already been punished before my court day, my court day put further punishment to a halt. I can't stand the thought of that arrogant, dishonest cop still out there, probably accusing other innocent people of things they haven't done. I hope God finds a way to punish this cop. He is not a man of honor or virtue as a cop should be.
just curious

Louisville, KY

#2 May 21, 2013
If you're that upset, why not put the officers name out there for all to see? Its public record after all.
Law abiding citizen

Ashland, KY

#3 May 21, 2013
just curious wrote:
If you're that upset, why not put the officers name out there for all to see? Its public record after all.
I'm afraid I can be tracked. Other people have put his name on topix before, however, and had plenty of negative things to say about him. I noticed recently that the topix posts about him have been deleted. I would love to put his name out there for all to see, but I'm afraid there might be some way I can be tracked and get in trouble for saying bad things about him, even if I am speaking the truth.
just curious

Louisville, KY

#4 May 21, 2013
Then why not just say ˝I was arrested by officer so and so and in my opinion he is a poor example of our police Dept". You can't get into trouble for stating your opinion and I'm sure the officer knows who you are so I'm not sure who else would track you (or care).
Law abiding citizen

Ashland, KY

#5 May 21, 2013
I guess I am just to scared to mention his name. By the way, why do you think he knows who I am?
The Joker

United States

#7 May 21, 2013
Its called freedom of speech. Sometimes to reinforce our rights we gotta take a hit, physically mentally or financially. Its all a part of standing up for yourself. What's the name
just curious

Louisville, KY

#9 May 22, 2013
I would think he is more aware of how you feel than anyone else....but maybe I'm wrong. In any case, freedom of speech is not absolute, but I don't think voicing your displeasure about how a representative of a government agency performs their job (unless its the IRS....lol) is in any way pushes the boundary. Good luck.
lol

Louisville, KY

#10 May 22, 2013
Law abiding citizen wrote:
It's a long story. I was stopped for driving too slow one evening (fear of deer coming out on me in a very populated deer area). The officer spotted bathpowder that I had failed to completely rub in on my arm and wouldn't believe that it was bath powder. He looked up my nose with a flashlight and said I had been snorting, that something was in my nose. He wrote lies in his report about me. I got handcuffed, thrown in jail, was humiliated to have to appear at the hospital e.r. in handcuffs and in both handcuffs and leg shackles in court, got car impounded that cost $260 to get out, had to get an attorney at a cost of $1000. I was guilty until proven innocent. I got fined $100 for a minor traffic violation - driving too slow. I ultimately did not get a DUI. However, what about all the misery this incident caused me and the money it cost me. When I finally got my day in court, I had already been greatly punished, unjustifiably. When I was cleared of the DUI, justice was not completely served. I had already been punished before my court day, my court day put further punishment to a halt. I can't stand the thought of that arrogant, dishonest cop still out there, probably accusing other innocent people of things they haven't done. I hope God finds a way to punish this cop. He is not a man of honor or virtue as a cop should be.
Hmmm, if you are completely innocent then why did you plead out to the $100 fine? You should've taken it to trial, and then when found not guilty sued the officer and the city for unlwful imprisonment. Under Ky state law you're entitled to $1000 for every day in jail plus damages, ie legal and impoundment fees. Something about your story just doesn't add up...
just curious

Louisville, KY

#11 May 23, 2013
lol,
He already said he pod the fine for the traffic offense he admits he committed. Furthermore, unless you can show you were prosecuted in bad faith, you won't recover anything if found not guilty. Please cite the state law you referenced in your post.
Law Abiding Citizen

Ashland, KY

#12 May 24, 2013
lol wrote:
<quoted text>Hmmm, if you are completely innocent then why did you plead out to the $100 fine? You should've taken it to trial, and then when found not guilty sued the officer and the city for unlwful imprisonment. Under Ky state law you're entitled to $1000 for every day in jail plus damages, ie legal and impoundment fees. Something about your story just doesn't add up...
I didn't have $1000 or more to pay my attorney to take it further (to a trial). I was lucky that I could come up with the money to pay my tow and to pay my lawyer for the first court date.

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