I got pulled over for telling a police officer (who was doing speed stops) he was blocking the exit and I thought it was dangerous (on video). Pulls me over right away and shortly wants me to do a SFST. I refused the because I just got injured from a gunshot wound and it would inhibit my ability to do the test correctly. I was instantly arrested. I would have gladly done a breathalyzer or blood test but I was never asked. (all on video)
He eventually finds a Alprazolam pill in my pocket and charges me for a controlled substance. (I have a prescription). This was the only charge I physically got charged with. He said the DA will make a decision whether or not to charge me for the DUI. How long do I have until I know? How can I get my License back? My cell phone was also taken for evidence
You need to retain an attorney. You are being accused of at least one crime and you may face additional charges and/or DMV consequences if you do not act quickly. A prescription for Alprazolam could be a defense to the possession charge, but not a driving under the influence charge. If the officers is alleging that you refused a chemical test, you only have 7 days to request a hearing with DMV, otherwise your license may be revoked.
Disclaimer: Any response is for informational purposes only and it does not constitute or create an attorney-client relationship. For additional information or a free consultation contact the Law Offices of Laurie A. Schmidt at (303) 747-4686.
Wow. Sounds like you rubbed this officer the wrong way. Wrong place at the wrong time.
Lots of issues going on in your case. Hard to sort it all out. The weirdest part in my mind is the officer telling you that it is up to the DA whether to charge you for the DUI? Huh? Was there any evidence at all that you had been drinking or were under the influence or even impaired? Did the officer smell alcohol on your breath? On what basis were you "instantly arrested?" It just doesn't make a lot of sense.
You need to sit down with an attorney and go through this step by step. Without having the missing pieces it is impossible to tell you what will happen.
Talk to an attorney right away. Best of luck to you.
Sounds like the cop was just being what legal theoreticians term something that sounds vaguely like "tassel."
If you are reporting accurately, as soon as the DA sees you possessed a prescription drug, your case will not even be filed (barring an idiot or complete, but still idiot, rookie DA). Also, if you are reporting accurately and the charge was for mere possession, the cop illegally took your license and phone.
You may expedite their return by calling the prosecutor, or even your town mayor, explaining the hassle and your preference not to file a lawsuit for malicious false arrest, and asking politely for your stuff back and the summons quashed (or even squished; just done away with).
Good luck. There really are better police officers out there.
As the others have said you need to contact an attorney asap. The fact this is all on video is great. You have a case that when represented by a zealous attorney will likely result in a dismissal of the charges against you. I recommend that you use avvo.com to find an attorney or contact one of the attorneys who answered your question myself included. Good luck!
The Law Office of Benjamin Hartford - Benjamin Hartford has 10 years experience in criminal law and specializes in DUI/Vehicular Assault/Homicide Cases. Attorney Hartford's decision to answer your questions does not constitute an attorney/client relationship.
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