I was charged with d.u.i. and driving on a suspended license. The officer who arrested me was someone who was?

at a previous situation where I had to deal with law enforcement. My license was under suspension then. I was eligible for a driving permit since he saw me last. He had no way of knowing that I didn't have that permit to drive on. He was acting on a hunch and a personal vendetta. He was in my neighborhood investigating a hit and run down the street. He claims he saw me drive and park in my driveway. He walked down from where the hit and run occurred and began questioning me. I was parked and sitting in my vehicle with no keys in the ignition when he approached my window. I was using my cell phone. He ask for my license and I asked what seems to be the problem, he then told me to exit the vehicle and placed me under arrest. He then called dispatch and ran my tags to find out my name and to find out if I had a valid permit or license. I did not and was arrested. He claimed he smelt alcohol on my breath and ask me to blow at the station. I refused, thinking my constitutional rights had been violated. This officer was not there to protect and serve, he was there to act on a personal vendetta against me. He had no way of knowing who was driving the vehicle or if I had a permit to drive. He also towed the vehicle while it was sitting in my own driveway. My wife was sitting inside and happened to come out and witness all of this. What are my choices?

trooper3316

The legal burden to make a traffic stop is "reasonable suspicion". This is defined as information that would cause a reasonable person to suspect a violation of the law. Having previous contact, and knowing you were suspended is reasonable.

As long as you were observed on a public road, the officer can continue on to your property to investigate. Reaching your property before he makes contact does not exonerate you from the law.

Refusing to perform sobriety tests is evidence of intoxication, but if you feel otherwise, that is what your court date is for. In court, all the information will come out. With this question, we are only getting your story, and not the officers.

KC V â„¢

I believe you've messed up and have little choice but to plead guilty.

Additionally, my experience tells me there's way more to this story than what meets the eye!

bendover

So you were arrested for not having a valid license and for drinking and driving. And that's the officer's fault how?

B G

you changed your story a bit from yesterday, doesn't matter because he already wrote it all down when he busted you......and guess what ? your still busted ....

ranger_guy

Serves you right. I have no respect for drunk drivers making stupid decisions. Your screwed!

shoyourite

a personal vendetta? roflmao! youre a known turdbag and he knew he could hit you up and come away with a case. your choices are to either:

1. quit being a turdbag

or

2. move to a different city

there was no personal vendetta about it. the same criminals consistently commit crimes and the cops know it. YOU are one of those people!

the minute you stop blaming YOUR mistakes on the cops is the minute you step on the road to a turd free lifestyle. good luck buddy lol

Max Hoopla

Smart cop. Dumb driver. Live with it.

Greywolf

You could fight it with an attorney and possibly get it thrown out. It will cost you a lot of money though and you have a pretty weak case.

When you refuse to take a breath test there are some automatic penalties that take place related to your license. If you had taken it and it was 0.0 - that would have been good, but you didn't, so the judge will assume you were drunk.

If he says he saw you drive and park in your driveway, they're going to believe him over you, especially since you were on a suspended license.

If he knew it was you and thought it likely that you were driving on a suspended license, he had reasonable suspicion, which is all it takes to approach and question you.

Sounds like you were drinking and driving on a suspended license and got caught - again.

You can try to blame it on the policeman, but the reality is you have a serious drinking problem that you need to acknowledge.

If I were you, I'd enter a alcohol treatment program that included voluntary urine testing. The judge will be a lot lighter on you if you acknowledge that you have a problem instead of trying to bull**it your way out of it.

Liberty or Death

Get a lawyer. That is all you can do at this point.

HisToriK

I was pulled over a few nights ago by several "Law Enforcement" officers, i was told to "Get the F*** out of my car with my F*****G hands in the air." I had my girlfriend with me and two of my friends, and we were leaving a party because somebody opened fire in the area, so the cops pulled me over because i was leaving the area.

The vehicle described to them was a black sedan, i drive a blue car.

After getting out of my car, i realized that close to a dozen officers had their weapons trained on us, and they continued to place me and my friend in the back of a single cruiser. My girlfriend was taken away by a female "Law Enforcement" officer and placed into a separate cruiser, where my girlfriend says the female officer searched her several times, even giving her negative remarks when the officer found several condoms in her bag.

The cops found a small baggie in my pocket, with barely some dust in it, and the over-weight officer cuffed me. I then argued that it wasn't enough to prove anything, and that he couldn't cite me for it anyway, he pulled me over for something else all together, he wasn't looking for green.

"Get the f*** out of here before we "find" something on you." the FAT cop said, obviously letting his diabetes issue fuel his power abusing comments.

Eventually the police left my car a wasteland, and found out we were innocent of whatever it was they were trying to accuse us of, and we entered my car and left, after the overly-large cop finished harassing his black rookie companion, he told us to "Get all of your S*** off of my car, all of it mother F****rs."

Point is, if the cop stopped you for suspicion of hit and run, he cant take you in for suspended license if there's no proof that you did anything illegal. You weren't driving, and the car was not on. Further, you were on your property, as you claim you were parked in your drive-way.

I'm no expert in law, but i suggest you get an attorney to consult you.

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