I don't know what time it was when this all took place but I'm guessing it was dark.

Cops cruising along doing his job, sees a nice truck full of a bunch of young kids, and sees you blow a stop sign right in front of him.

That right there gives him probable cause to search your vehicle.
Try to look at it from his point of view, or imagine yourself doing his job.

There are a hundred questions going through that cops mind at that instant.
Does he know you & your friends are good well meaning kids?
No, he doesn't know chit, and only assumes the worst because that's his job.

As far as he knows, the truck is stolen, you kids are all liquored up, and you are cruising the streets just being trouble-makers.

So he sees you run the stop sign, pulls you over, and probably has a 'sense' there'something shifty taking place.
When he looks in the backseat, he sees the case of beer with the jacket trying to cover it up.

I'm not judging you Josiah btw, I'm only trying to look at things from his POV.
After reading everything, it really doesn't make much difference to me if he 'crossed the T's and dotted the "I"s in exactly the order he was supposed to.

I know there are power tripping cops out there, but the majority are not, and they are doing a tough job, risking their life every day for you.

To me, that deserves some slack, and when I see people belly-achin' about small mistakes in procedure, it kind of bugs me (which btw won't amount to a hill of beans anyway) because his final report will be written up in such a way to cover his *** and put yours on a plate.

Anyway, I'm sure everything will turn out ok eventually.
What's the worst that will happen? No license for one year?

As far as 'technicalities' go, you might get lucky if you can show how the officer did something wrong.

This guy caught a break:
http://www.hrcr.org/safrica/arrested_rights/bartle.html

Good luck to you man.
The sad truth is that even if you win, you still lose.

 

Josiah,

Did an officer advise you of your chemical test rights after you were arrested (these are different from Miranda rights)?

If so, did you refuse to take a chemical test (a chemical test is different than the PBT on the road)?

If you refused that, then they must have gotten a court ordered search warrant for your blood....did they?

These are important questions that could make or break your case.

 

I doubt it. He's young and with his attitude, he's likely to make several more.

Actions have consequences. The actions are complete, the consequences have only begun.

He needs to buy a bicycle.

 

Im guessing california is different then texas. In texas a DUI and a DWI are treated differently. According to what ive read a dwi in texas is like a DUI in california. You can get a DUI in texas for driving while on prescription drugs, but a DWI is basically your wasted. I think a DUI is a misdemenor, where a DWI is a felony.

All of that is what I think. I could be way off.

 

If you were not drunk, you should have taken any test afforded to you, but that is a personal judgement call....The fact that the Officer smelled alcohol beverages in your vehicle, does give him a right to search it..& ID anybody in it!....anything can be searched that is in plain view, & not in a locked container, such as Glove boxes,consoles, & trunks! My advice to you is get a good Lawyer, you will need it! Good Luck......

 

Based on your actions and the events, I think he had the right to search your vehicle and glove box for your registration and insurance, as well as for any other items.

As said before, put yourself in the cop's shoes. He is allowed to think of his own safety. Cops get shot way too often during stops. Bottom line is he got the registration and insurance out of your glove box by himself because he did want to wait for backup to get that info, and he did not want you to pull a gun from there and shoot him dead.

He asked you all to get out of the car because it is easier to see everyone's hands, especially as your truck has tint, and he has already seen objects concealed with jackets.

Sounds to me like the cop was just trying to make sure he got home to his wife and kids. If the courts stop letting cops take safety precautions because you have a 'right' not to let the public catch a glimps of the inside of your glove box, it's going to be even harder to find good cops.

 

Jesus Christ people give the guy a break. He made a mistake and he knows it was wrong. Quit posting all these comments that are not needed. If you just have to share your worthless opinion start a new post in general discussion. This guy is a member of our forum and we should respect him and help him. Some people on here try to be the biggest jack a***es they can be. Josiah is going through one of the worst things possible and some of you idiots can do nothing more than out more blame on him. Get over yourselves and stop posting unless you think you can help him out.

 

I kinda think you need to get over yourself, and re-evaluate your priorities in life...

What if I was to start a thread titled "I beat the crap out of a retarded, handicapped,seventy year old woman", and asked for help in getting out of the ramifications of my actions... I would get reamed for even asking the question, yet you want to excuse someone who put other lives in jeopardy while driving drunk? I certainly do not have to respect him, nor do I have any for you.

Ignorant- a: lacking knowledge or comprehension of the thing specified b: resulting from or showing lack of knowledge or intelligence

There is worse...do I really need to post them?

 

^


- NCSU

 

x 2!

 

A thread title as such could possibly result in the "thread of the year" accolades....

 

And you two guys are the ones i am talking about. And no i dont really want you to post anything no one cares about your opinions. And if you want to post your opinions on the subject of drunk driving then create your own post. Josiah asks for advice not the opinions of a couple heartless bast**ds

 

As far as searching vehicle he did see covered up beer after running light. I am no expert but that seem like probable cause to me.

I would suggest getting together with all involved and write down every detail in a time line that you can possibly remember. Every statement and chain of events as accurate as possible. This will help attorney examine as many possibilities as possible.

It ssems to me unless there is a technicality to get thrown out 1. You consented (possible technicality due to procedure) 2. Gave blood sample. Your blood results will determine your fate. You actually did not end up refusing the breath, blood or urine options in the implied consent of having a CA license.

I am no expert so I could be wrong if so I apologize. I know I am not wrong with the documenting everything.

I hope you come back below .08 and have a merry Christmas. Good luck

 

I am considering it...

 

I have a new signature - Thanks Shines