[ARCHIVED THREAD] - So I was charged with DUI and Reckless Driving....(very long read) (Page 1 of 11)
Posted: 1/15/2018 3:22:05 PM EDT
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Which was quite unnerving seeing that I seldom drink, have never done drugs and was on no medication...
(Font made smaller) Short version first: -Pulled over for illegal U-Turn last Summer at 1:30 AM and profiled as a 'Seattle Musician' by a misguided rookie Seattle Police officer -Brought in for breathalyzer after providing only 2 of 4 necessary clues for PC DWI arrest. -Blew .000 yet cited for DUI after they refused to bring in a DRE or take me to the hospital for blood draw. -Rookie officer had worked double shift and stated multiple times on audio that he was "too tired to take me for a blood test.....: -DUI upheld at arraignment despite no evidence. -Reckless Driving added at arraignment despite officer admitting multiple times on audio that the U-Turn was "not Reckless Driving' but rather the minor infraction I was cited for along with the DUI. -Hired very expensive top-tier DUI attorney as Seattle is worst place in country to get DUI. (Will need to sell a car to pay for this) -Both charges dismissed with prejudice last week just before motion hearing. Traffic ticket dismissed as well. Spent almost $8000 in legal fees and drug tests to defend myself. -Considering civil suit but chances may be slim. Here is the (very) long version for those who dare  Last Summer I was returning home to Seattle from a band performance at an Ocean Shores casino (I am a keyboardist) which ended at 10 PM. After a 2 1/2 drive was made 3 ½ hours due to a construction delay, I was a bit miffed and of course fatigued from the long day of driving and performing. I hit an unexpected red light one block from my condo at about 1:30 AM. Rather than run the red light I made a right turn then an immediate U-turn followed by another right turn, (called a ‘Texas Stop’ in some places’) but by this time that light had turned red, so basically an illegal U-turn followed by running a red light. In my fatigued mind I was trying to ‘legally circumvent a red light’ if that makes sense. An SPD officer witnessed this and lit me up immediately upon turning into my condo complex. I was very courteous and handed him my info (all current) including my concealed carry permit. The Philandro Castile verdict had just been handed down so needless to say I moved very slow and gingerly. Next thing you know the officers ask if I will do a field sobriety check as "you moved your hand very slowly in retrieving your items." He also stated that my traffic maneuver was illegal and would cite me for it. I thought I performed marginally on the field test (nervous, out of shape older guy, no sleep for almost 24 hours) but my attorney later studied the video and maintained I only gave 2 of the 4 clues necessary for PC arrest. My ‘main mistake’ was placing my foot down at 13 seconds instead of holding it up for 30 seconds as instructed. A trip to a very nearby hospital in North Seattle for blood tests was planned if I failed the breathalyzer. This is where things get interesting. The officer who pulled me over was being very friendly and encouraging whereas the other responding officer was brusque and quiet. I blew twice, informing them that results would be trace levels as my last drink was 26 hours earlier. I don’t think they believed me, as all arrestees likely give them a similar story and after all I am a Seattle musician returning from a show. They were both young and very inexperienced with the breathalyzer and had quite some trouble readying the machine for use. They both did double takes upon the results and stared at me shaking their heads. “Dude, you blew a .078 and passed by only .02” I just about fainted. At this point I was in an utter state of shock. Are these guys out to get me ? Are they playing me ? Both approached and hulked over me with their arms folded. “Sir, we know you have been drinking tonight. How many did you have ?” asked the brusque officer. At this point I realized something was drastically wrong so I remained silent and they returned me to the holding cell. My traffic attorney later found many mistakes and anomalies with my case as well as the other 3 other DWI cases the rookie Officer has worked as all blew .000 You will not believe what happened next. The ‘nicer’ officer realized he had mistaken the ‘External Standard’ column (calibration #) for the results column in the breathalyzer print-out. The actual results of course were .000 and I was relieved for a few minutes until they decided to charge me with a DUI anyway (!) along with a traffic citation for illegal U-Turn. I asked why I am getting a DUI ? “Because I believe you are on drugs.” I offered to go to NW Hospital for the blood test (1 block from my condo) but he had “just completed a near double shift and was exhausted.” While in the holding cell I overheard the muffled voices of several officers advising the rookie who cited me. “Bro, you’ are going to need to get something else on him because a good lawyer will get him out of the DUI” and similar banter. I was terrified at this point. Was all this because I was legally carrying in Seattle ? I was released and dropped off at my home after having my car impounded from my own parking space. (Why didn’t he pass my case off to another officer ?) It was almost 5 AM at this point. I could not retrieve the vehicle at the tow yard until the 12 hour hold has passed. (As an aside, the vehicle was towed improperly (admitted by tow yard owner) resulting in an estimated $5000 damage to the transmission. Owner agreed to have vehicle repaired (blue book $3500) and did so but this process took 10 weeks. I contacted a very good attorney in semi-retirement who specializes in traffic tickets and had represented me back in the day when I drove for a living. He was flabbergasted at the DUI and was confident he could get it dismissed at the arraignment. I took a voluntary urinalysis about 30 hours after the incident (labs closed Sunday or would have taken it sooner) which of course came back negative. Despite showing the results to the judge and prosecutor, the DUI was upheld and a charge of RECKLESS DRIVING was mysteriously added despite the maneuver appearing very benign on the patrol car dash cam with no traffic or pedestrians present at 1:30 AM. Officer in fact stated multiple times on audio that the “maneuver was not reckless….” -Could this be the ‘something else’ referenced above ? For the record, I have never done drugs. (Tried pot a few times in high school and did not like it. Never experimented with anything else legal or illegal. I do drink 1 small drink before bedtime a few nights a week but never drink out of the house in bars or restaurants. I have no criminal history and my traffic record was clean. But, I am a Seattle Musician….. My attorney was incredulous and recommended I consult with 4 of the top DUI specialists in the region as Seattle is one of the worst places in the USA to get a DUI. Here I am with 2 bogus criminal charges after being in my opinion illegally profiled as a ‘Seattle musician.’ Though still improper, I could totally understand overcharging me in this manner had I been acerbic and confrontational during this incident. Quite the contrary however as I was likely the most affable and cooperative subject they had ever dealt with. Did they view this as a sign of weakness thus viewing me as an easy mark ? I retained the fourth attorney I met with as I believe the previous three either didn’t believe me or demonstrated no passion. Yes, the fourth was VERY expensive and many consider him the best in the state. He is known as a formidable trial attorney, but what struck me however was his outright indignation at the charges. “This is Fucking Bullshit !!” he proclaimed in a loud, Trumpian manner as he read the police report. Although giving a disclaimer and promising no given results, I nonetheless retained his services on the spot. To further prove my innocence I on my own volition had a hair follicle test done 12 days after the incident. This allowed enough time for any substance to enter my hair follicles and would also detect and drugs or marijuana in my system over the last 3 months. The test is basically infallible and of course came back negative. I did not sleep for 6 months as the procedural hearings progressed. Many in the know stated that in Seattle I would be lucky to plea down to Negligent Driving and should consider that a win should it be offered. Interesting to note however that my original attorney has never billed me. I asked him why: “Because I know you are innocent….” Moreover he followed and researched my case religiously, even discovering a 3rd improper breathalyzer administered by the cop in question. I feel his pro-bono contribution was invaluable to my success. Fast forward to the present: Days before the scheduled Motion Hearing last week my top-tier DUI attorney gave me the news that BOTH CHARGES HAVE BEEN DISMISSED with prejudice. (Highly unusual in Seattle) Even the traffic ticket was thrown out (!) The DA and prosecutors knew exactly who they were going up against and threw in the towel. Maybe they originally figured I was some Jumoch from West Seattle or the U-District, but I am not exactly a potted-plant…. Complete and utter victory on my end, if you consider my ‘victory’ entails having spent literally several thousand dollars in legal fees and drug tests to clear my name. I will have to sell a car to pay for my defense. Driving is essential in my current line of work however so I suppose it was worth it considering the results as I can now breath a sigh of relief. Presently considering recourse in the form of a civil suit against the city but my chances may be slim due to ‘qualified immunity.’ Thank you for reading, TheFringe |
| You won't get your money back. I pursued it after a really fucked up charge by wildlife officers here. You have to prove malice or extreme negligence by the agency and it's agents. You'll likely double your fees with a very small chance of recouping anything. You got fucked and this is why there are a lot of folks that distrust LEO's. To this day I wouldn't piss on an AGFC officer if he were on fire. Sucks for the good ones, but fuck 'em. |
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You won't get your money back. I pursued it after a really fucked up charge by wildlife officers here. You have to prove malice or extreme negligence by the agency and it's agents. You'll likely double your fees with a very small chance of recouping anything. You got fucked and this is why there are a lot of folks that distrust LEO's. To this day I wouldn't piss on an AGFC officer if he were on fire. Sucks for the good ones, but fuck 'em. |
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Quoted:
You won't get your money back. I pursued it after a really fucked up charge by wildlife officers here. You have to prove malice or extreme negligence by the agency and it's agents. You'll likely double your fees with a very small chance of recouping anything. You got fucked and this is why there are a lot of folks that distrust LEO's. To this day I wouldn't piss on an AGFC officer if he were on fire. Sucks for the good ones, but fuck 'em. |
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holy. shit. what a nightmare. And why, despite most of them being fine, I loathe and fear cops. One tired or pissy cop can fuck up your entire life and cost you thousands just to keep your record clean. all because he was "too tired". I hope you have the money to sue, and recover your costs for lawyers and car rentals and all that crap. i'm sorry man, that sucks ass. |
| Road side field sobriety test only act as probable cause in the officers favor. The only court admissible test is the blood draw or breathalyzer given at the station or hospital after you have been charged. if they want to charge you why do you want to give them more supposed evidence against you? |
| Field Sobriety tests are rigged for failure if you are fat and out of shape, tired, and nervous. Tests have even demonstrated 1/3rd of college age kids do not pass when sober. (I have since lost 40 pounds but will still refuse any future field tests and opt for breathalyzer instead) |
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Things really need to change...
There has to be accountability when law enforcement and / or government officials abuse a citizen either via malice or incompetence especially when it robs the citizen of life, liberty or property. A person shouldn't have to suffer a loss in a situation like this without being fairly compensated. |
| Sorry you got screwed OP. The idea of suing brings an old saying to mind. Don't throw good money after bad. If you can't find an attorney to take the case for a percentage of a judgment it's not worth pursuing. If you can, you have nothing to lose and possibly something to gain. |
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Sounds like complete and utter B.S. Crap like this happens. Some people will say you're not telling us the whole story, but I don't doubt your story. My family has been on receiving end of a wrongful prosecution (not DUI) and our lawyers told us that it was practically impossible to sue and win. You basically need some sort of misconduct by the prosecution or something done by the prosecution outside of court ( e.g. statement to the press). It cost $45k when it was all said and done. One incompetent prosecutor and a not so bright fire marshal was all it took. Went to trial, and the judge dismissed the case after the prosecution rested (there was no defense portion of the trial).
I don't know how far removed you are from this, but it takes a long time to detoxify from such an ordeal. |
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Sounds like complete and utter B.S. Crap like this happens. Some people will say you're not telling use the whole story, but I don't doubt your story. My family has been on receiving end of a wrongful prosecution (not DUI) and our lawyers told us that it was practically impossible to sue and win. You basically need some sort of misconduct by the prosecution or something done by the prosecution outside of court ( e.g. statement to the press). It cost $45k when it was all said and done. One incompetent prosecutor and a not so bright fire marshal was all it took. Went to trial, and the judge dismissed the case after the prosecution rested (there was no defense portion of the trial). I don't know how far removed you are from this, but it takes a long time to detoxify from such an ordeal. |
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Got pulled over a few years ago by state cop because GF's car I was driving had a cracked tail light. It was 1am and I was the sober person and driving some of her friends home after watching a band in the small town she lived in. Cop did a U turn and I knew he was going to light me up. Did the whole pen in my face deal , which is bullshit, and then I had to step out of car. While I was standing there two county boys show up , i assume to haul me away because he was that confident I was drunk. The breadth analyzer came out and I was very cooperative with state guy all the while I knew they were trying to screw me. I blew and he took the analyzer and then told me to do it again and harder. I obliged and he stood there with the analyzer. At this point I see the county guys turn around and head back to their cars. State guy was not talking and I asked him what I blew. He tried to not answer me and I persisted with my requests on what the readings were. He finally admitted that I blew a .00 and to go on my way. 
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holy. shit. what a nightmare. And why, despite most of them being fine, I loathe and fear cops. One tired or pissy cop can fuck up your entire life and cost you thousands just to keep your record clean. all because he was "too tired". Even if cops had applied for a blood search warrant and obtained an evidence blood draw he would still be charged with DUI while the results of the blood test processed. It's not like they test the results immediately on the spot and let you go if it's negative. By OP blowing nothing into the breathalyzer, not being evaluated by a DRE for objective signs of drug intoxication, and not having blood taken for testing upon a warrant, the cops sunk their own DUI case and made it impossible to prove DUI, which is why it was dismissed. OP you likely don't have much of a civil case. You admitted(and claim it is on dashcam) that you committed the traffic violation causing the stop(which may or may not be seen as reckless driving, from what you described) and were admittedly tired to the point of possible driving impairment and failed some field sobriety tests, which you agreed to take voluntarily. Your attorney talking about "2 of 4 clues" for probable cause arrest is bullshit and not relevant to suing anyone. SFSTs are not required to make a probable cause DUI arrest at all. Probable cause is simply a set of facts or circumstances that would cause a reasonable person to believe that a specific crime occurred and the person in question committed it. Based on your own explanation of your state of mind("<font size="4">In my fatigued mind I was trying to 'legally circumvent a red light' if that makes sense.")<strong>,</strong></font> traffic violation, agreement to perform field sobriety tests and subsequent failure of those tests, it sounds like there was in fact probable cause for your arrest, which will make it quite difficult for you to successfully pursue a civil lawsuit. An officer mistaking in good faith your tiredness and poor driving behavior for intoxication on a depressant drug isn't necessarily misconduct, you would need to be able to prove some kind of negligence or intentional misconduct. TLDR: Don't do SFSTs if your state doesn't require them on implied consent laws. |
| since wa has legal pot all it takes is an officer to say your tongue is green and you can be charged with dui, they will arrest you impound your car than take blood. you get the negative results back a month later and charges get dropped but your still out impound fees, happens a decent amount here. |
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I would say you have a case for multiple claims, and you should win in civil court. I would also talk to the prosecutor as this officer should be charged with false arrest and imprisonment if the statements are true. I would also have demanded either the arresting officer or another take me to the Hospital for a blood draw, most states allow this for you to build a defense it's your right.
The other bonus is OP every job you apply for in the future you are going to have to explain this, even though they were completely in a wrong. I have a good friend who works as a CO and can't get a LEO job because he was arrested and served time in prison for Domestic Violence. Upon appeal the case was completely thrown out with prejudice, as the statements the bitch made were completely false, she got beat up by her BF and blamed her Ex BF (my friend) to avoid another beating by her BF. Now the arrest and conviction stays on his record forever even though he was falsely convicted. |
[ARCHIVED THREAD] - So I was charged with DUI and Reckless Driving....(very long read) (Page 1 of 11)
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