Just an update since you were so fascinated. I know I mentioned some of this before, but I also added how it played out in court. First, I 100% got the juice back and was not charged with it, just the needle. I would take a lie detector if you set it up, but I guess I can’t really make you believe me.
Next, I never claimed to have gotten out of the car until I was instructed to. The conflicting instructions comment was actually in agreement with your points. Why would the officer put me in a position where I was forced to open the door rather than role down the window? Maybe to look around more be able to see my hands and feet at all times? Not sure, but that’s all i said: “he approached from the passenger side, asked me to turn my car off and hand him the key, then returned to the drivers side where the door was still closed.
Also, love your narrative of events. Especially about how I exited the vehicle on my own, without waiting to be told to do so by an officer. Three officers gave me three different reasons as to why I was pulled over. Each of them came to my drivers side door because I was still sitting tight as instructed. More specifically, until an ambulance arrived. Now at this point I should have said something. Unfortunately I was raised right and taught to show everyone respect. I am a US citizen free to decline medical advice. I could have said “no sir, thanks for your concern, but either give me a ticket or move your car so I can leave. But, like I said, I respect people doing there jobs. This cop told me he just wanted me to get checked out and was only there to help. As a tax payer, and as someone showing you courtesy and respect, treat me like a man. Don’t devise a cowardly lie to disguise your motives until
Your boys get there. Anyway, once an EMS worker arrived he cleared me almost instantly. He asked me a Few questions, looked in my eyes with a light, and said I was Good to go, and only then did the officers who were all there have a huddle in which they turned away from uncuffed me, step aside while the first on the scene asked me to step out of the car. Like I said, I cannot make you believe me but I promise you, I swear to you, I remained in my car as instructed until told to exit. “Back up” was not called for because I stepped out of my vehicle without the officers consent. If you believe nothing else, at least give me this.
Now for the new stuff:
Anyway, the DA conceded that our (my lawyer and I) points were valid. He was almost in disbelief discussing the motion with my attorney; so much so that he called to personally verify that the police did not specify what drug I was impaired by. He had the police report himself but just had a hard time believing it. See, before the ems worker came, and especially after, I could have simply said “sir, please move your car, I’m leaving.” He may have said no, that he wasn’t gonna let me drive. If he believed I was impaired, that would be a logical course of action. However, to arrest someone, the cop needs probably cause. To conduct a sobriety test, he needs consent, probable cause, or at least reasonable suspicion. I’ll concede that he had my consent and reasonable suspicion.
But here is the issue. There is a list of substances which, if I’m a person’s system, prohibits that person from driving. For example, if my eyes were bloodshot red, my car smelled like weed, rolling papers were present, etc., the officer could say I was under the influence of marijuana. If I smelled like liquor, and the breathalyzer I blew in voluntarily produced a reading of above 0.08 instead of 0.0 Like it did, that’s probable cause to arrest Me for driving while under the influence of alcohol. The breathalyzer that counts in court is at the station and is given after you are read your rights. If I was scratching my skin off, was missing teeth, was acting erratic and paranoid, didn’t blink normally, that’s PC For DWI of meth maybe. If given, a urine sample could show the driver was high on crack, not meth. The arrest is still good however, because there was PC that the driver was under the influence of a type of drug. I Admit, “specific” was not the right word, but the fact is that to have PC for a
DWI, a person’s behavior must be consistent with someone whose under the influence of a substance on that list mentioned earlier. If my behavior is not similar to the behavior of a person under the influence off any enumerated substance, what is the PC? What would that look like? After all, different categories of drugs require different field tests to determine if there is, in fact, PC of a DWI. Officers test for Cocaine far differently than they do for marijuana, which requires different field tests than alcohol (the one I was given despite the officer staying unequivocally that he did not believe I had been drinking). The reality is, if the officer can not identify one of the seven categories that the substance list is broken down into and match the symptoms with those of someone taking a drug in one of those categories, Then their PC consists of that cops
Subjective opinion as to whether the driver is behaving in conformity with the officers idea of normal. Maybe they can do that with their kids, but they cannot state that they have PC of a DWI: the guy is kind of weird. That is literally what they told me too. They fully admitted that they didn’t know what I was under the influence of (nothing), but that I was “off” and “just not right”. And that was also after a trained medical professional who is entrusted to save the lives of people in need of ambulance transport deemed me fine. However, the officers are not trained to identify these substance categories anyway. They may be able to make a Close enough determination for an arrest but that would not constitute evidence in court, just an opinion. Still, every department has at least one DRE (drug recognition expert). This is an officer who is trained in the intricacies of identifying what substances a person is on based on traits and behaviors not known to most of us. Their testimony is evidence. But I was not taken to a DRE. I just provided urine, clean urine.
The DA, in an effort to save face, admitted that our case was strong, but reminded us that we were in a small town where he was right with the judge, and I was from the Bronx and probably viewed as less credible the towns officers. With that in mind, he asked if instead of going to trial, I would accept a traffic violation. 2 points and a $300 fine. I plead to that.
I replied and updated you mostly out of confusion. I’ll send you the statute if you’d still like to see it later... it’s just a pain in the ass to pull up on my phone. But my confusion is about why you read what I called a cautionary tale and a warning, I’m which I admitted that despite not breaking any laws, I shouldn’t have been driving, and I’m glad that they police got me before something worse happened. It’s hard to fathom not driving on a Monday when I got work and all sorts of shit to do because of MK-677. Maybe that wasn’t the reason, but the fatigue stopped the next day after I had gone without it for about 30 hours. I’ve been back to
Normal ever since. I told a story about some
Shit that happened to me that really had no upside. It may never effect you, but someone else may benefit from it. I also was as detailed as I could be in an effort to avoid confusion but somehow that got mistaken for me acting like a reckless madman storming out of my car and causing the officer to call for back up. You made those facts up. Why? I also expressed my respect for police and the jobs they have. What I didn’t do was exalt them above human level and pledge to prostrate at the feet of police officers and suck their cocks on command. I admitted my errors and I commended them on their work to keep people safe, but yea, I called them out for some of the shit they did. Just above, I referred to the promise of the officer who blocked me in my spot, that he was just trying to help me and I wasn’t gonna get in any trouble, as a cowardly lie. It was; and it was also spineless. I showed him too much respect. Your version of events (because you see all) stated that I probably mouthed off more than I realized. No, I saw the body cam and the cell cam. I showed way too much deference. In the end it worked out fortunately. There were other problems too, for example: one officers report put me at the correct location, another stated I was pulled over from the highway. He actually gave me an alibi. Again, it’s a rough job and I’m grateful for their service. I’m not gonna rant about a typo. I suppose I just can’t get over why you would rearrange and alter the facts of my life and come at me like a dick and call me a liar. Maybe you want people to think you’re smart and you caught me in what must be a lie because you don’t believe me. Lucky for me, the DA does. But when you get a minute, let’s
Write out the rest of my life.
