Traffic stop, officer confiscated my firearms.

[TTravis]

No. It was a standard Breathalyzer. It looked like a juice box. He had me blow into it once I was in cuffs standing in front of his car.

I am thinking I should wait until the ticket trial is over, then file a complaint and/or file a lawsuit. A lawsuit would cost $135 to file..... roughly the cost I would save if I win the trial.

 

[lrahm]

Food for thought, not arguing I wasn't there. If I had stopped you, and got you out of the car for suspicion of a DUI, given a breath test, field sobriety tests, yes you would have your weapon taken away for the time being. .07% BAC is close enough PC to take you for a test on a standardized/intoxilyzer machine (not a PBT). PBTs can be off. Count your blessings.

The juice box is a PBT.

 

[454puttna]

sounds like he could've charged you with PI, indiana is pretty loose on this law, maybe took your guns instead? Sounds like you got off lucky, lick your wounds & carry on.

 

[lrahm]

People can be arrested at .07 % for DUI. officers just have to verbally show impairment. .08 is just the standard for being too drunk to drive.

 

[TTravis]

He did state that he could charge me with PI. I did read somewhere that they could do that for anything above 0, but .08 is the generally accepted limit. I think he knew PI would not stick.

If they wanted to try do get me PI for .07, they would have a jury trial on their hands and maybe have to provide a lawyer.

C 7.1-5-1-3
Public intoxication prohibited
Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9).

 

[TTravis]

People can be arrested at .07 % for DUI. officers just have to verbally show impairment. .08 is just the standard for being too drunk to drive.

There was nothing said about impairment, but he did not let me drive home. From all appearances, attitude, and actions, there was no reason to believe I was impaired. I am not concerned about being charged with PI, especially if I win this case.

 

[serpicostraight]

i was in court with a guy that got arrested for pi at .02 and no other charges . the judge gave him a 15 dollar fine and 6 months to pay it.

 

[TTravis]

i was in court with a guy that got arrested for pi at .02 and no other charges . the judge gave him a 15 dollar fine and 6 months to pay it.

That is crazy enough to be true! Not that I don't believe you. I think now that I've been charged and plead not guilty, they can't add more charges at this point. What was the guy doing beside having a couple beers, and I mean only a couple. He would have to flip off a cop or something extremely stupid.

 

[lrahm]

Not arguing. Count your lucky stars and consult a lawyer if you want. I would probably take the fine. Your alcohol level could have been going up and by the time you took the intoxilyzer (not PBT), you could have been over the limit. Added to that a tow bill and heavy fines. That was your lucky dog pass.

 

[lrahm]

That is crazy enough to be true! Not that I don't believe you. I think now that I've been charged and plead not guilty, they can't add more charges at this point. What was the guy doing beside having a couple beers, and I mean only a couple. He would have to flip off a cop or something extremely stupid.

I very rarely drink. Two beers and I would have showed impaiment.

 

[Benny]

i was in court with a guy that got arrested for pi at .02 and no other charges . the judge gave him a 15 dollar fine and 6 months to pay it.

How can you get a PI at .02?

Not arguing. Count your lucky stars and consult a lawyer if you want. I would probably take the fine. Your alcohol level could have been going up and by the time you took the intoxilyzer (not PBT), you could have been over the limit. Added to that a tow bill and heavy fines. That was your lucky dog pass.

This was my first thought as well...Wouldn't most cops take you in for the official test if you are that close?

With that being said, I wouldn't think it matters at this point because he didn't take him in.

 

[serpicostraight]

That is crazy enough to be true! Not that I don't believe you. I think now that I've been charged and plead not guilty, they can't add more charges at this point. What was the guy doing beside having a couple beers, and I mean only a couple. He would have to flip off a cop or something extremely stupid.

the guy said he had one beer with a friend and was walking home when a cop pulled up and gave him a pbt. he spent the night in jail over it. the judge was upset to say the least. thats why he got a 15 dollar fine and 6 months to pay it. i had an isp cop a few years ago told me if he seen me with a beer in my hand during fall festival he would arrest me for pi. but the guys running the festival from the westside nut club had a talk with him and he left.

 

[loony1]

On a humerus note. One of the guns was a little North American Arms revolver in .22 mag. It took one of the officers over 45 minutes and several radio calls to the station to figure out how to unload the thing. The though it was a top breaking derringer. I told him to remove the cylinder, but he still did not get it. He wasn't about to have me unload it for him. I was in cuffs at the time. I finally told him it was a North American Arms and he had the dispatcher look up user instructions on the internet!

lol, those things can be a little tricky if you do not know what you are doing.

 

[serpicostraight]

How can you get a PI at .02?



This was my first thought as well...Wouldn't most cops take you in for the official test if you are that close?

With that being said, I wouldn't think it matters at this point because he didn't take him in.

my attorney told me it happens every day in evansville. he said they dont even have to give you a pbt to arrest you for dui. he said they will just go to court and say you smelled of alchohol had slurred speech and bloodshot eyes. its an old cop trick. and strangely enough when that super hero with the blue cape that arrested me got on the stand the judge asked him why he thought i was intoxicated and he said those exact words to the letter.

 

[TTravis]

I very rarely drink. Two beers and I would have showed impaiment.

I only drink when I'm fishing. It helps with the luck. It was a great day fly fishing with my 78 yr old father and 15 year old son. We caught a few good bass, even showed the cop some pictures of our fish.

I was pulling my small fishing boat. What kind of a cop pulls over a fishing boat returning from a trip????? This town cop did not even turn on his lights until I was out of his town limits! I am restraining myself from calling him names.

 

[TTravis]

my attorney told me it happens every day in evansville. he said they dont even have to give you a pbt to arrest you for dui. he said they will just go to court and say you smelled of alchohol had slurred speech and bloodshot eyes. its an old cop trick. and strangely enough when that super hero with the blue cape that arrested me got on the stand the judge asked him why he thought i was intoxicated and he said those exact words to the letter.

I'm a grey haired fat old man. I can barley hear, and my eyes get bood shot from all the bird dog hair in my car, and my speech is slued on a good day! My kids think I am ready for the old folks home or crazy farm.

 

[TTravis]

lol, those things can be a little tricky if you do not know what you are doing.

I half expected him to shoot himself with that thing. The guns were my tackle box guns.

When asked if I had any other weapons, I pointed out the 1.5 inch folding knife on my key chain, and told him if he went through my tackle box way in the back, he might find a deadly pair of nail clippers. Nothing exciting in my car

 

[lrahm]

How can you get a PI at .02?



This was my first thought as well...Wouldn't most cops take you in for the official test if you are that close?

With that being said, I wouldn't think it matters at this point because he didn't take him in.

If I had someone that close, I would take him. If he doesn't test high enough we would take him to his car. if we don't test him and he drives down the street and kills someone, we are in deep poo. MADD would be all over is plus SOP violations and liability reasons.

We don't test for PI but have to for DUIs. Yuck, too much paper work.

 

[Benny]

my attorney told me it happens every day in evansville. he said they dont even have to give you a pbt to arrest you for dui. he said they will just go to court and say you smelled of alchohol had slurred speech and bloodshot eyes. its an old cop trick. and strangely enough when that super hero with the blue cape that arrested me got on the stand the judge asked him why he thought i was intoxicated and he said those exact words to the letter.

PI for a .02 happens every day in E-ville? That's crazy...I'm glad I live in Newburgh. Cops leave you the hell alone here(for the most part).

I take it you live in The Ville?

 

[Benny]

EPD:

We don't test for PI but have to for DUIs. Yuck, too much paper work.

Attorney:

my attorney told me it happens every day in evansville.

That is quite a conflict in stories.