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OK...long story. I had reserved a hotel room tonight for me and my wife that was adjacent to the bar that we were celebrating the New Year at tonight. Soon after we arrived at he hotel, a cop knocked on the door and said that they had received complaints from this room. I assured him that the noise hadn't come from my room because I had just arrived there a few minutes before he arrived. He left without incident. Fifteen to thirty minutes later, I called the front desk and request toothpaste. He told me that it would be right down. Not long after, a cop showed up and demanded we leave the room because someone from our room called and cussed out the manager of the hotel. No such call come from my room. I knew that I had been drinking, and didn't want to leave, and I told him the same. He gave me to choice in the matter. I aked him to give me a breathalizer to see if I was legal to drive and he refused. Instead, he made me drive home and endanger myself and others.

2006-12-31 21:45:26 · 14 answers · asked by Heath R 1 in Politics & Government Law & Ethics

Ummmm...not alcoholism. I was removed from my hotel with no reason, and I was asked to leave. When I requested that the cop give me a breathalizer to see if I was legal he refused. Is this legal practice? I would have just rather have went to jail for public intoxication than to have drove and risked my life and others.

2006-12-31 21:54:50 · update #1

lol......i am not an alcoholic, but i did celebrate the New Year with a few drinks. I was responsible enough to get a room at least, ya know. I am pissed at the hotel, but more pissed at the cop for not at least letting me see if I blew legal. I myself did not feel that I was drunk, and felt the cop should have given me a breathalizer. I was really not concerned whether or not it meant me going to jail or not. And no.....I was in a relatively small town without a taxi service (or so the cop told me).

2006-12-31 21:59:13 · update #2

All of a sudden I need help for trying to be responsible?? I'm sorry, but no taxi service was available.

2006-12-31 22:01:54 · update #3

Parties were going on both sides of our room....as for the rest of the motel. All I was doing was trying to get some sleep. As for the alcoholic jokes, I don't mind them. I was only trying to celebrate the New Year responsibly.

2006-12-31 22:05:01 · update #4

14 answers

Wow, someone in that hotel didn't like you, and the Cop had permission to remove you since hotels are on private property, and they(hotel) have also the right to refuse service, Sorry.

2006-12-31 21:52:38 · answer #1 · answered by Diana J 5 · 0 2

Why did you request toothpaste? That's odd. How long ago did this take place?

Anyway, nope! If you are causing a distrubance, the hotel can kick you out. They have the right to do so. You can sue the hotel for damages if you were wrongly kicked out, but the cop was just doing his duty. And he certainly doesn't have to give you a breathalyzer just because you request one. He'll give you one when it suits him and not the other way around. There is no right to a breathalyzer.

What about the fact that he sent you home drunk, which was a danger to yourself and others? The cop isn't liable himself. If you got into an accident, can you sue the city? Interesting. There is probably no case law on the subject. The injured party probably could, but not you. You have other choices. You could call a cab. Walk. Sit in your car until you sober up. You don't have to drive home right away. You think that is your only choice, but the law requires you to do the thing that is highly inconvenient and considers that reasonable when the vast majority of us would just drive home.

Welcome to the world of cops. They have power and use it. It's arbitrary and their word is always taken over yours. Frankly, you're lucky he didn't throw you in the drunk tank for being drunk and in public when he took you out of the hotel room or charge you with resisting arrest when you failed the attitude test. Cops have this power. As such, don't question them. Just do what they say. And don't piss off hotel managers either.

2007-01-01 07:08:56 · answer #2 · answered by Erik B 3 · 0 0

Seems to be a lapse of time un-accounted for...blackout? (1) you may have caused a disturbance which caused the hotel staff to not want you on the premises due to liability and/or disturbing other patrons. (2) Whoever you checked the room with did not want you there because of #1. You should have left your car and called a cab. I find it hard to believe any officer would allow you to drive if they detected any odor of alcohol on your breath, without administering a breathalizer test.

2007-01-01 06:19:35 · answer #3 · answered by scott p 6 · 0 1

Ask to speak to his supervisor AND the hotel manager. The officer had NO right to remove you from the roon without just cause. I'd file charges.

Where was this? So I can never stay in this town

2007-01-01 05:59:22 · answer #4 · answered by Todd G 1 · 2 0

I would have asked to have a talk with the hotel Manager! You sure the cop was acting on the Hotels behalf??

2007-01-01 05:58:18 · answer #5 · answered by kitkatish1962 5 · 1 0

'you are an alcoholic. you do not make good decisions when you drink. cop comes to your room in response to a noise complaint. you say you didn't do it and I'm not leaving because i am drunk. to prove it i will blow a .12 on at est. if you are drunk you probably were loud.....if you are sober you can drive.. ''lets play jeopardy" answer: the yellow pages. WHERE DO I FIND AN "AA" MEETING?

2007-01-01 07:57:09 · answer #6 · answered by Anonymous · 0 1

Sounds like a drinking problem to me. If sober or you'd only had a few, you'd know whether you were sober enough to drive. So why request a breathalyser? And there is no way on Earth he made you drive home, that was your choice, you could have taken a cab. Get help! Not taking chems too by any chance?

2007-01-01 05:58:07 · answer #7 · answered by Anonymous · 0 3

Boy these people sound tough on this site they sure aren't trying to see your side.

2007-01-01 06:04:15 · answer #8 · answered by josh m 5 · 3 0

If you got his name or badge number then call the cops and report him. He may get in trouble or he may not.

2007-01-01 05:50:39 · answer #9 · answered by Anonymous · 1 3

No taxi service in your town?

You clearly need AA.

2007-01-01 05:51:09 · answer #10 · answered by Anonymous · 0 4

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