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DUI Breathalyzer Question

 
I truly AM innocent.
User ID: 931002
United States
04/14/2010 07:46 PM
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DUI Breathalyzer Question
I realize everyone always thinks that but I am putting together a documented account of the incident that occurred back in January and wonder if I'm on the right track.

I can't afford an attorney and though you can be appointed one, I'm never so sure that Public Defenders aren't always on the lookout on how to advance their careers with Judges so I feel I should skip that alternative.

I don't even want to plea after watching some of those cop-buster videos on here but neither do I want to piss off anyone so I thought I'd just present this writeup along with the evidence of Mapquest from point A (a bar and grill) and point B, where the officer arrested me.

I also was allowed to ask the owner of the establishment if I might borrow a wine glass that is identical to the one I drunk from that night. They are much smaller than usual (they hold 4 oz of wine) and I had 1 and a 1/2 glasses over a two hour period.

I weigh 110, drank 6 ounces of wine over a 2 hour period (as the receipt and the time of arrest show).

The officer pulled out of an alley and followed me from the moment I left the parking lot. He followed me less than 1 mile before pulling me over and telling me to step out of the car and that he needed for me to blow into an instrument. This was probably less than 3 minutes before I took my last sip.

He did not ask me to, he was in a very angry mood and wouldn't let me ask questions. He practically hissed at me, "Don't deny anything. I can SMELL it on you!"

I wasn't going to lie to him anyway so I don't know where that came from.

He told me to blow into this thing and this red number lighted up 1.9. Then he went back to his bike and wrote something down and came back and said "I need you to blow on this again." This time it showed 2.8.

Can someone tell me the reason for such a difference in the numbers?

I was immediately arrested, taken to jail for 28 hours and then let out by a bailsman.

A month later I called the state DMV and they said they had no paperwork yet. Then on March 18th (another month later) they still said they didn't have the paperwork and maybe the policeman decided not to press charges.

Well, how am I supposed to know? I'm supposed to show up at the courthouse at 7 AM on Monday the 19th but what am I supposed to say if the DMV hasn't sent me anything, as promised?

I should mention that traps like this are all over my city right now trying to raise revenue.

I only go out once a week and then I only use side streets because they are pulling over anyone for ANYTHING! I'm not kidding.

There are police cars with flashing lites everywhere these days. It wasn't like that in this area two years ago.

Does anyone know what I should do?

Thanks.

PS. Plus as I was googling for answers I found that a lot of false positives come from things like inhaling paint, etc.

From 4 PM until 8 PM when I went to Target that evening for some curtain hooks I had been painting a windowless bathroom and started feeling kind of sick to my stomach with a headache.

That's one reason why I decided I should take a break and go get something to eat.

Any advice would be appreciated.

I know I probably shouldn't have even given him my Drivers license but we were in a huge unlit parking lot with no-one around and he was in a bad mood. Our city is notorious for people getting tazered if they piss a cop off and I'm not a big person and thought if he tazered me, nobody would ever know the truth about what happened because I'd probably be dead.
Anonymous Coward
User ID: 701285
United States
04/14/2010 07:49 PM
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Re: DUI Breathalyzer Question
"This was probably less than 3 minutes before I took my last sip."

You should probably reconsider that line.
Anonymous Coward (OP)
User ID: 931002
United States
04/14/2010 08:15 PM
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Re: DUI Breathalyzer Question
"This was probably less than 3 minutes before I took my last sip."

You should probably reconsider that line.
 Quoting: Anonymous Coward 701285


May I ask why you would say that? Many states have laws on the books that breathalyzers can't be used until the "suspect" has been held in custody for 20 minutes.

The reason for this is because it takes up to that long for alcohol on the breath to dissipate from the mouth.

Here's an example: Did you know that if you eat one of those alcohol, cordial-filled chocolates that you can get at Godiva, etc- you can automatically blow a .05?

Listerine also can cause false positives.





GLP