got a crappy pc virus so having trouble getting on the net, but thats the least of my problems.

well, i took my ticket to the traffic division this morning to setup a court hearing date as it says to within the 10days of getting the citation. as it turns out the officer gave me 2 tickets with same charge but different citation numbers, now i have to wait till i get a hold of him so i can talk to him directly to get that resolved.

onto the situation, i felt sleepy at my friends house but not sleepy enough where i personally felt like it could impair me. i have driven various times in the same condition without any problem and never falling asleep....apparently i spent more energy that day then normal (18hrs or so) and i fell asleep at the wheel. i had to have been a few seconds, i had seen the car but it was far when i opened up my eyes i was within a cars distance and quickly gaining up on it. i paniced, though if i hadnt i could have just pushed on the brakes and slowed down enough to go into the next lane, instead i jerked my wheel to the left going into the empty lane and losing control, apperently the car infront of me was going so enough for me to somehow pass it and tip its front end with mine in a sorta sideswipping motion.

im not going to sit here and try to say that i didnt fall alseep or that i didnt drink the night before, but when i left from my friends house i didnt feel like i was impaired, i felt like i feel now, just a tad drowsy and nothing else.

personally i can not pass the field soberity test sober. i know this because we had to try/practice it on each other at the academy. i have officer(s) that are currently working for different respected agency that can agree to that. as well i was made to do 2 test which are not validated in the state of florida as FST. In any case in the manual it states that the test can vary from one person to another and from one situation to the next, in an accident a person is normally nervous, confused, stressed, to just name a few which can hinder the persons ability to pass the FST.

as far as the HGN test (eye test with the pen) im not sure the validatity of it if a person is not wearing their prescription glasses and or has debry in his/her eye.

another thing that just bothers me is the fact that at no time during the situation i was provided with medical assistance, i was not rude to the officer in no way. i answered all his questions in a very nice and friendly manner. yet i asked 3-4times if i could get checked by one of the EMS guys. and from what i hear from a local Fire and Rescue personal, he says that it is against the law to deny someone medical attention no matter what the circumstances. by him not retriving a medic to check me out for possible neck inguires, he is denying me of medical attention.

i am just more or less confused as to this whole situation. abit disapointed (just found out from my ins. that the truck is a total loss) and primarily mad at myself. i had more than enugh chance to stay at my friends house and spend the night but i didnt. so now im in a hole which seems to be getting deeper and deeper.

~Q
p.s. no im not the suicidal type dont worry,...just abit sad and disappointed and need to vent out somehow.

 

In your initial post you stated the officer ga e you a careless driving citation then took it back. In the current post you stated he wrote you twice for the same thing. Does that mean you received two cites for careless or two for DUI? Are you under 21?

 

sounds like you've got all the proper terminology down to feed to the judge.

i know you're looking for sympathy and all. you lost your truck after all.

the best you're gonna get is most of us have been there at one time or another.

and remember many of us have lost relatives to guys who knew the drinks wore off and they were good to go for a ride.

the line about testing each other at academy does that mean you went to law academy?

are you upset about being out a job? i have a friend in that very same boat. sucks to be him. thought he would get over because of being in the acdemy.(not saying you thought that, but he did)

 

sorry been having trouble getting back onto the internet with my pc.

but anyways to answer your question 1depd.

he wrote me for Careless driving 115.00 charge. which i signed. but never recieved.

>he also wrote me for a DUI charge before the breathe analzier test results came back. the officer that was doing the breathe test told him he needed to change the initial DUI citation for a new one since i blew under the legal limit that it would be a lesser charge. he went outside and cameback with a new ticket. i signed the ticket and was put in custody of Orient road jail.

>florida traffic division says that they cannot process me a court date due to having 2 different tickets for the same DUI charge.

>the officer also has both my insurance policy card and my vehicle registration card. neither was in my wallet, personally belogings or in my truck when i went to look at my truck and get my personal items.

>the difference between a reckless and a careless citation Wld-mtn-rose, is that a reckless is given to a person that is purposely doing something that will knowingly cause death/serious bodily damgage to himself or another. while careless is given to a person who unknowingly/willingly did something that could have caused a death/serious bodily damage to himself or someone else.

>another factor to my current situation is that in florida a 0.08% is the legal limit which doesnt mean that you are/or are not still impaired, and that a person between 0.05% and 0.08% can be still impaired/influecend by alcohol. while it is presummed that you are not impaired or under the influence if you blow under 0.05% thus if you are arrested in florida for a DUI, you are thrown in jail until 8hrs is up or you blow 0.05% or below. which means they themselves say, hey you can drive with this ticket (10day driving permit) with a BAC of 0.05% or below after being released from jail.

wildchild - yes i graduated from Hillsborough Community College's Criminal Justice Institute, (i.e. police academy) and i know a few fellow classmates that are now sworn officers that can attest, that i even being 110% sober in perfect classroom conditions cannot do a few of the test. which im amazed because even with everything going on, i did alot better than i normally do.

my only 2 mess up were the "romberg/with recitation" which he performed incorrectly and happens to be a non validated FST, he asked me to recite the alphabets and only thing i had problem with was the letter V, which i honestly even when im steady thinking about it always get it confused if its before the W or after it.

and the second was the Horizontal Nystagmus Gaze, which could be effected by a person's eye, in my case i didnt have my prescription glasses on and i had smoke/debrie in my eye which was causing me much eye irritation making it difficult to look too far to either the left or right.

/rant off

Im not trying to say that im innocent of the accident, im fully at fault, im just trying to figure out what is going on because i feel that im being misacussed of something that i know didnt effect my driving. i know none of you have to believe me or not, im just trying to explain my situation to a community of people that are bright and can help me understand what is going on is all

~Q
p.s. so far yall have done just that and i thank you all.

 

I don't know if we have the same SAO but, the Rhomberg is authorized by the state as well as the HGN, BUT the SAO over here does not like to use the HGN and will not enter it into evidence. They like to say that only those who have gone to DUI enforcement school can properly give the task instructions, but either way they don't use them. Both have stood up to court challenges and are still considered valid. The careless is a typical citation for a crash that was not witnessed by the officer. As far as the DUI cites it sounds as if he submitted both to the traffic court and did not void the incorrect one out.

The case is actually made on the street not in breath testing facility. That is why you are arrested on the street not the breath test facility.

 

thats strange, because thats what the HSCO officer and the ST.pete officer told us During DUI class in the academy, he made us mark it down in our books that the romenberg is standarized but not validated, while the HGN is 77% accurate but not validated in court.

i did talk to a lawyer (will have pictures of my truck soon) and told him everything that i recall happening. and i swear to you, i felt like the whole situation was a game on their part trying to compete in this DUI blitz (looked at it on the HSCO website) apperently 4 different agencys (hsco, tampa, temple terrance and FHP) were trying to get the most DUIs for that night.

i just dont know honestly, i think that perhaps if i had been given a chance to recollect myself with proper medical attention (neck strain and debry in my eye) as well as time to collect my thoughts of what was going on would have been a big determinning factor.

im a very respectful person, i dont talk back and i listen to everything being told to me. i do appericate officers and what they do on a daily bases, but i just felt abit like they didnt care that i had just been in a crash. i mean, i dunno but going into a wall (concrete non the less) at about 70-80mhp is kind scary. i was shook up, nevreous and shivering from cold (dont know why, but could have been that i had seen death right in her eyes and escaped) and also the thought that if i hadnt worn my seatbelt, i would have gone through the window, over the gaurd rail and landed on MLK blvd 2storys down in the middle of traffic.

what gets me, is that he said that he was giving me a FST was because the other people (witness) said i was swerving, but you being an officer know that even in court your knowledge is put into question. how or what certifies this person to know the difference between someone who is swerving because they are intoxicated, asleep, having a heart attack, or any other possible situation.

im just still confused at whats going to happen next.....

~Q

 

https://www.f150online.com/galleries...w.cfm?num=6236

not as bad as some others but enjoy, thats to debunk the idea that a mini cooper can out do a F150 in a front end collision.

~Q

price of 1 F150 2004 truck > 22k.

price of increased insurance cost > a couple hundred dollars.

look of moms face when she sees the truck > priceless