I was at a wine bar that serves food with my boss. We ordered one bottle of wine and some Empanadas and split the bill in half. The wine was horrible, we only had one glass. I complained to the manager and he comped the empanadas and as a nice gesture he threw in an appetizer for free.
It was about 11:15 pm, I stopped at Walgreens to get some oreo cookies. (I get cold easily and sugar is the only thing that helps reheat my body ( i am no doc here but this works with my body)
I was on the phone bickering with an ex-boyfriend... I finally decided to hang up on him.
My car tilts to the right all the time, I have all paperwork and records... just didn't have enough money to get it fixed at the dealership. My steering wheel also shakes...
One block away from my home a cop pulls me over. He had me stay put for 30 to 40 minutes in my car. I have never had a ticket in my life, I have an excellent record and I am 27 years old.
I weigh 95 pounds and I am 5' 3". I got scared and I was in an empty lot....
I am also on medication: I take lamictal as a mood stabilizer and adderall xr for ADD (both in the morning)
I finally decided to open the door to my car-Ok so maybe it was the wrong move but common now.... i am 95 pounds what can I do to a cop????
He had me do all the stupid tests like the pen one and he made me do it over and over again and I knew that I was following that darn pen because adderall helps me focus.
He had me walk the straight line. I was wearing longgggggggg heals, I asked the officer if I can take my heals off and he made me walk on the side that had rocks... I still did well
Then he made me sing the alphabet from M to Q .. well I dont know my alphabet that well so I started at L M N O P because the way my mind worked was by remembering the way I sang this song as a child.
Finally he asks me to do it backwards. Hands down, i dont even know my alphabet backwards, I could not recite them during broad day light, much less SOBER.
I started to cry, my emotions got stirred up and I flipped. Goodness, I cannot recall the last time I flipped out on someone. But I am not Bipolar I, I am Bipolar II or what you call borderline personality. I am very sensitive and i cry immediately.
I kept telling the officer I have a sick mother at home, this is why i make sure to be home before midnight. That's besides the fact that I never go out and don't have a life.
My emotions were all stirred up, and the more i concentrated the more i cried the more I blamed it on my luck and here we go again!!!!!!!!!!!!!!!!!! the story of my life.
I have not seen the video but I know that when I can become hysterical. So yes he took me to jail. But the cop was not any better. He was texting while driving on his blackberry with both hands. His knee was the one doing the driving. I even mentioned it to him. And guess what? He was texting his girlfriend because I read his text too!
My DL was taken away. They gave me a temporary one until I schedule the hearing over the phone.
If anyone can give me some advice on how they would look at this case I would appreciate it.
Thanks!
1 Answer from Attorneys
First thing, hire an attorney.
There are a number of issues that your lawyer should investigate. For starters, the "pen test" that you refer to should be looked at carefully. It is called the Horizontal Gaze Nystagmus test. The officer is not trying to make sure you can follow the pen, but is actually looking at how your eyes respond to the movement, the officer is looking for nystagmus in the eyes.
Your lawyer should also look at the reason for the prolonged detention prior to you opening the door. There may be a legal issue here.
Your lawyer also needs to look at the Walk and Turn test. The officer should not have had you do the test in heels and it should be done on a flat and level surface.
I would also point out that you only have 15 days from the date of arrest to request your Administrative License Revocation hearing to try and save your license, so make sure that gets done.
In general, it is difficult to evaluate a DWI case without looking at the video or reviewing the officers notes. It sounds like you have some issues though.
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