My brother was arrested and they took him in for " DUI", at least that was the only thing they could get him on. He had a beer about 2-3 hours before leaving to go to the store. When he was pulled over the cop said he smelled "pot" He blew all zeros on the breath test. and the only "test" he didn't do so well was the heel to toe test. They had him on a slant with mulch all around. On the was into the jail, the officer stopped to pick up some little boy. Can they do this???? And he wouldn't take a blood test or anything like that. It wasn't because he had been smoking, but the fact that is would show up for another time than this one. Were the cops wrong in anyway, mostly to get a child to ride along? Please some answers!!!! Thanks
2007-03-19 18:54:57 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
well the one beer would have "worn" off the breath in 2-3 hours and would more than likely read a zero on the Prelimary Breathlizer Test (PBT) considering it helps measure the amount of ALCOHOL in ones blood system now about the other tests and being on a slant and picking up the kid - contact your lawyer and he will have his day in court
2007-03-19 19:19:29 · answer #1 · answered by Fire Lt. 4 · 1⤊ 0⤋
The prosecution (officer) must prove in court that your brother was under the influence beyond a reasonable doubt. Your brother should talk with an attorney. If he can not afford one, the court must appoint him one free of charge. as far as the officer picking up the child, this is not an illegal act, although an unwise one. Most states DUI laws not only cover alcohol, but any substance (even over-the-counter medications) that can impair a driver.
2007-03-20 12:26:40 · answer #2 · answered by LawDawg 5 · 1⤊ 0⤋
If he blew all zeroes on a breathalyzer then it would seem something else is missing from the story. Was your brother smoking pot? What happened when your brother went to the station... was he released & charged with DUI?
2007-03-20 02:03:28 · answer #3 · answered by davidqtip 2 · 0⤊ 0⤋
Dui, Driving Under the Influence, refers to any illegal substance, not just alcohol. If he was indeed smoking pot and driving, he is indeed guilty of a DUI. As far as not taking a blood test, all he did is provide them reasonable grounds to assume he was high on pot and lay the charge.
As far as the kid, there are details missing, but its not uncommon for police to make sure that young children are being properly supervised.
Bottom line is that he is busted. The blood test would've shown pot, but there is other tests that can be done to verify rather it was recent or a few days ago (standard pupal test for one). Poor judgement, probibly because of the weed, is going to cost him his licence.
2007-03-20 03:25:49 · answer #4 · answered by mekounknown 5 · 0⤊ 2⤋
Dam cops they can take you in on anything if they want to if i was you i would go to court and fight it officer smelling pot is enough reason for to assume he was driving under the influence but they still gotta prove it in court which i dont think they can if cop didnt find any pot in car. As far as picking the kid up for ride along its the police they can do what they want to ( ive had them hold me in back seat for 2-3 hours before) i think just so cuffs would hurt more
2007-03-20 02:07:55 · answer #5 · answered by Anonymous · 1⤊ 2⤋
Yes they can.
Also failure to take BAT isn't good....
He'll need an attorney for sure.
First thing he should have done was went straight to hospital and had a BAT. This would have should prob zero for alcohol
since more than an hour had passed.
He still can prob get it tossed with a lawyer.
And yes an officer can pick up another person.
Lot can go wrong doing that but one can take chances.
2007-03-20 02:07:35 · answer #6 · answered by cork 7 · 0⤊ 1⤋
Never trust a police officer for one....
Two...Your brother should have refused the sobriety test and only done the blow test. You can legaly refuse the latter. Three now he needs an attourney...not the advice of another police officer.
2007-03-20 02:05:27 · answer #7 · answered by mrindianajonesprm 2 · 1⤊ 1⤋
Does the word 'Lawyer' mean anything to you?
2007-03-20 02:04:09 · answer #8 · answered by MAK 6 · 2⤊ 1⤋