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AFCop wrote:Check the penal code definition of "intoxication". There is no such thing as a "legal limit". There is a section that makes having a BAC of 0.08 or higher a crime in and of itself (per se rule) and presumtive evidence of intoxication. the definition also mentions a loss of normal psychomotor skills due to alcohol or drugs so even at a 0.025 you could be charged and convicted of DUI and the weapons violation. I have 3 convictions (as a LEO) on individuals who blew well below 0.08 (0.034, 0.019 and 0.68).

As for the exit, it was like previously stated a look for PC to move onto SFST's (Standardized Field Sobriety Tests). I do 80 to catch up to people going 50 in a 30 so that doesnt reall mean to much, challenge the ticket.

Bryan

Does that mean I would have to prove the loss of motor skills via physical sobriety test to be convicted at that level? After thinking about the standing part all of today I came to the same conclusion, a mock-sobriety test.

Fangs wrote:All in all, I think your stop went waaaaaay better than it could have.

Absolutely agree, I'm only mad now that I got a ticket when my speedometer read 65. I'll look into its accuracy, though I highly doubt it's more than 3 or 4 off; I've passed cops at the same speed on other empty roads and had no trouble. Thanks all for the input.

I'll try to make this as objective as possible as it only happened an hour ago and I'm still upset about it.

I'm on the way back home with a buddy of mine from a housewarming party, a few beers were consumed and I am perfectly fit to drive (I'm carrying as well, even more reason to be responsible if driving wasn't enough). I spot an officer driving ahead of me, check my speedometer to make certain I am at the posted speed limit of 65 mph and set my cruise control. As I approach him my friend and I see him tap on his breaks and he begins to slow down (I believe he coasted until I passed him, he was probably at around 50 mph at that time) and I change into the left lane to pass him. He ends up pulling me over.

I pull over: DL, CHL, insurance, dome light, etc. are at the ready. He asks where my weapon is, "right hip" I respond. He says OK and to keep my hands on the wheel. Long story short he gives me a lecture for carrying, drinking and driving and also issues me a ticket for "Alleged Speed" of "75 mph".


Now to defend myself with my take. If I were to have submitted to a breathalyzer I would venture to guess I would have blown a .025; yes I had been drinking but I was well within my limit to operate a motor vehicle. Before my ticket was issued he calls me over his PA and tells me to stand behind the car but set my gun on my seat. I do as he asks and step behind my vehicle in the blinding lights on his squad car. He tells me to relax and I do a standard feet apart, hands crossed in front of me to clear any suspicion of using my hands for anything. Again he calls over the PA, this time with a frustrated, raised voice to "relax". I shift my weight and remain in the same position (I was relaxed, what else can I do?). He has me stand in this position for what seemed to be about 4 minutes. At one point I could make out his outline in his car just staring at me, I don't see why this was necessary. He then gives me the lecture and issues the ticket (just to show where it lines up with the short version). The entire time I felt he was pressuring me to fess up my my "crime" and I never felt he had any concrete evidence on me. For example, when he accused me of speeding past him while he was "moving at 60" as he says he claimed he had to reach 80 mph to catch up with me. I think this was a ploy to get me to admit some sort of guilt; naturally if you're traveling slower than someone and have to catch up you'll need to overcome the first traveller's speed.

With the exception of receiving a ticket, which I will contest, he was polite, but I feel very strongly that he was yanking my chain with the "stand behind the car" bit. I thought the whole time because of my polite demeanor and no evidence he was going to leave me with a warning but that was not the case. If I had to guess I would say he gave me a harder time because I am a younger guy, still in college, with a gun. For the record this is not a discussion about intoxication, Texas Code puts no limit on Intoxication with a CHL and I was not breathalyzed, so it's not an issue even if you have an opinion about drinking and carrying.

If you're with me this far, thanks for reading. Any non-legal advice or tips as I prepare my defense?