TighTT

I was on my way to one on my friends house at about 11:45 at night. I pulled out of my street onto the main road and saw a cop drive by me, put on his breaks, and then turn around. He followed me for about a half a mile or so and then lit up his lights. I imediately turned on my interior lights and put my hands on the steering wheel. He walked up to my car and said, "license,
registration, and insurance please". Then he walked infront of my car and asked my to turn on my turn signals. I turned them on and saw him smile and shake his head as they blinked white. (i have superwhite turn signals) So he goes back to his car and waits there for like 20 min. Finally he goes back to the car and asked me to get out!! Then he told me that my eyes looked "f*cked up" and he is going to give me a couple of tests to make sure I am "cool". So he makes to do 3 DWI tests!!!!! After passing all tests with flying colors he gave me a ticket for nine bucks. So, im not that angry at the ticket b/c after all it is only nine bucks, but i am VERY pissed at the DWI tests. So my question is: is it legal to give me a DWI test for having white turn signals (keeping in mind that I did not smell like beer or anything).

Thanks for listening,

Adam S.

HedonismBot

And frankly I don't see any other sollution. Technically he is supposed to have probable cause but thats such a grey area he could say almost anything. Him giving you 3 of them however seems pretty uncalled for since he must have just been playing a wrong hunch.

whenever I get pulled over and get a breathalizer I always thank the cop because I know the minor inconvienance is worth it when you consider the alternative (getting killed by some drunk SOB with no fear of the law)

ajp

i got pulled over and given the runaround because the zinc lozenges i was eating smelled like "beer"

Doug Archell

I don't see the correlation between the cop eyeing your corner mods and the DWI tests. Just because he asked you to turn them on and then shook his head smiling doesn't mean the DWI tests were a result of the lights. Maybe he was shaking his head smiling thinking, "DAMN, that looks sweet!". Officers are people too, and they like hot cars as much as the next enthusiast. ;-)

As for multiple tests, that's nothing out of the ordinary. Outside of breathalyzers, no single side of the road DWI test is totally conclusive that yes, you're drunk - and even breathalyzers can be misleading. You noted that the officer said your eyes seemed mucked up, and he wanted to give you a few DWI tests. Although you noted that you passed each test with "flying colors", one glaring ommision here is ... your eyes. Maybe they were red, glassy, squinting, larger than normal pupils, pinhole pupils, whatever. You don't have to smell like beer to be driving under the influence.

RKA

and I am more than willing to give five minutes of my time just so they can be sure.

As for three tests...I don't find that unreasonable...it's possible to be drunk and pass one test, much less likely to pass three with flying colors.

As to whether the original poster should have been tested...I wasn't there...maybe there was cause, maybe there wasn't.

Doug Archell

You weren't drinking, but I'd be willing to bet the officers have heard similiar stories from people that have.

"Honest, officer, I haven't been drinking ... it's my lozenge."

AUDINOW AlexandriaVA

How often do you get pulled over and breathalized?

SameerP

The officer is allowed to conduct such ancilliary tests, however it must be incident to a lawful detainment (ie officers must have a quantified legal breach as causation, and are not allowed to exercise unfettered personal discretion).

What i suspect is that he saw the flash of your white turnlights, and figured you had a broken light (which is sufficient grounds. Perhaps he suspected the car had been stolen if it had light damage to it). So he pursued you, and upon inspection, realized that you had clear lights, not a broken light.

Since he had you detained lawfully, it was permissable for the officer to order the tests, which will be protected on public policy grounds. Individuals do not have the same right to privacy in an automobile as they do at home, and courts have repeatedly upheld such "infringements" for the futherance of legitimate public policy objectives (eliminating drunk driving). Courts have also upheld such things as checkpoints and random pullovers for the purpose of combating drunk driving.

Please note this is not my area of practice, and you should contact an attorney in your area if you want to further explore the issue.

Hope this helps
Cheers<p>Sameer 99.5 1.8T QMS, APR, UUC.

Chard

<p>Chard
99.5 1.8tqms Silver, APR v3, clear corner mod, polished tips, some stereo stuff...new rims and suspension stuff on the way!