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Is this legal??

Anonymous
Posted by Anonymous
  • 8 Replies
My boyfriend was at his friends house (4months ago) and they had gone fishing for the day. Around 4:30 he had a sip from his friends flask and he hadn't had much to eat so he didn't drink anymore because he didn't want to upset his stomach. Anyway, they went back to his friends around 9 and he hung out for a while and watched a movie. He fell asleep and woke up around 1:45 and text me to let me know he had fallen asleep and was heading home. They were 4 blocks from us. He left their house and came home. After he had parked the car and was getting ready to get out, a cop got behind him with his lights on and said he was pulling him over for failure to signal. But then tells my BF that he just didn't signal within 200 ft. He turned right onto one street and then it's a half a block til he had to turn onto OUR street. Half a block is not 200 feet so there's no way he could have turned it on in time but he did turn it on immediately after he got onto the road. Then the cop asks if he had been drinking. He admitted to having had a small drink almost 10 hours earlier. The cop had him do the whole DUI test and then gave him a breathalyzer. He passed them with flying colors. Didn't even blow anything. But apparently the cop decided that he looked like he must be strung out on pills. He kept saying it over and over to my bf. my bf told him that he doesn't even take aspirin because he had an uncle die of an OD. The cop wouldn't let up. So he told my boyfriend that he was gonna suspend his license on the spot unless my bf went to the hospital for a blood test to prove he wasn't taking pills. My boyfriend is a driver. He can't have his license taken so he had no choice but to go have his blood taken. The cop came back and dropped him off with a ticket for failure to signal. We called about the ticket after 2 weeks and they had no record of it. We waited 2 more weeks and they still didn't have anything. They told us that the cop probably didn't turn it in since he had given my boyfriend a hard time over nothing. Well, today, he got a court summons saying he was charged with a DUI. Now my bf smokes pot and had smoked the day before he was pulled over. So it was still in his blood when they took it. This is why they are charging him. And we are wondering if this is legal? They can't prove when he smoked and they determined that the alcohol hadnt been affecting him during the field tests. The whole thing seems so off to me. I'm hoping this will at least be enough to get him to quit smoking. I hate that he smokes. But I'm just wondering about the legality of what went down. I didn't think that they could do a field test and then immediately suspend his license if he refused a blood test. I told him that he needs to fight it. Right now I'm looking for a job because if he loses his license, my part time work will not be enough to support us when he loses his job.
Posted by Anonymous on Jan. 31, 2013 at 2:00 PM
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Replies (1-8):
Anonymous
by Anonymous 1 - Original Poster on Jan. 31, 2013 at 2:19 PM
Bump
First_One_8_18
by Gold Member on Jan. 31, 2013 at 2:21 PM
He needs a lawyer
Posted on the NEW CafeMom Mobile
ff-princess
by Ruby Member on Jan. 31, 2013 at 2:23 PM

of course it's legal.  any time you get pulled over, there is the inherent chance that you will be tested.  the officer thought something was amiss, and since nothing showed on the breathalyzer, went with the blood test route.  he would also have been charged if he had any kind of prescription medication in his system that comes with a warning to use caution when driving.

redneckmama4
by Loree on Jan. 31, 2013 at 2:23 PM
Sounds hoaky to me. I know in OK it was known that the cops were shady.

Hire a lawyer! And good luck!
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anotherhalf
by on Jan. 31, 2013 at 2:23 PM

He needs to show up with a lawyer or get appointed a lawyer and then get actual legal advice from the lawyer, not a bunch of us on CM.

Anonymous
by Anonymous 2 on Jan. 31, 2013 at 2:24 PM

So he won't take aspirin because a family member od, yet he smokes pot? Not sure of the legality but if your bf is a driver, he does not need to be doing anything illegal or else he is at risk of stuff like this happening.

ff-princess
by Ruby Member on Jan. 31, 2013 at 2:24 PM

oh, and in my state if you refuse a breathalyzer or blood tests, they will automatically suspend your license right then and there for refusal.  I would also contact the state to find out if his license is suspended, as I suspect it is.  if so, he's not going to be able to drive for work.  and if he has any specialized licenses, he could lose those for a mighty long time.

jessi2girls
by Emerald Member on Jan. 31, 2013 at 2:34 PM

This.. sorry, but she's right. I got pulled over once for going over the white line.. (there wasn't a white like, there was a curb that went up to the road where the white line would have been and I would have known if I ran over it, lol).. but he also sited me for driving 3 mph over the speed limit.. 

He pulled me over, basically was looking to nail people for DWI's and such.. we were clean, so nothing came of it other than a warning.. but they don't need a lot of cause to give you a hard time..

same thing happened with my father but he was only going 1mph over the speed limit and he actually got a ticket for 1 mph over. lol. 

But your BF had marijuana in his system.. so.. perhaps he'll learn his lesson now! Obviously I'm aware that you said it was the day before.. but, unless he has a script for it, or your in a state where it's legalized (in which case you'll have to talk to a lawyer).. 

then it's up to the judge to decide what to do.. and honestly, it's not like you BF is completely innocent. lol. 

Quoting ff-princess:

of course it's legal.  any time you get pulled over, there is the inherent chance that you will be tested.  the officer thought something was amiss, and since nothing showed on the breathalyzer, went with the blood test route.  he would also have been charged if he had any kind of prescription medication in his system that comes with a warning to use caution when driving.


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