A Night In The Drunk Tank

I'm sure some of you remember the panicky nervous nellie hiker that called both the RCMP and the GVRD Rangers on me, because i had a large fixed blade strapped to my pack, 10 KMs into a trail here in BC......several times this had happened

I was "detained" on the trail and questioned. They demanded my ID and name. I demanded to know if i was under arrest. "No, you are not but we got a call from several hikers that there was a man with a knife on the trails, and they felt uncomfortable and threatened". As they were searching my pack (yes illegally) and looking at all my outdoors gear) I then stated that if i was not under arrest, that i would be on my way, as fixed blade knives are legal to carry, and a required tool in the wilderness. I went on that I am sorry the RCMP and Rangers had to hike all this way for a frivolous call by a panicky city dweller who has no knowledge of knife laws, the CCC (criminal Code), or wilderness skills and tools use. I further stated that I would overlook the illegal bag search and said Good day gentlemen, and i walked away. The Officers thanked me for being polite and then thanked me for being prepared in the woods.

I caught up with them several hours in the parking lot at the trailhead. They were ripping a strip off the lady that called in. She was indignant that anyone would be in the woods carrying such horrible murder weapons. They explained to her in very terse words, that the man (me) was perfectly in his legal right to carry a knife, and that judging by the gear he carried, he would probably be the one to rescue your party of hikers, because NONE of you are prepared for these mountains."
 
Bushman5 said:
I'm sure some of you remember the panicky nervous nellie hiker that called both the RCMP and the GVRD Rangers on me, because i had a large fixed blade strapped to my pack, 10 KMs into a trail here in BC......several times this had happened

I was "detained" on the trail and questioned. They demanded my ID and name. I demanded to know if i was under arrest. "No, you are not but we got a call from several hikers that there was a man with a knife on the trails, and they felt uncomfortable and threatened". As they were searching my pack (yes illegally) and looking at all my outdoors gear) I then stated that if i was not under arrest, that i would be on my way, as fixed blade knives are legal to carry, and a required tool in the wilderness. I went on that I am sorry the RCMP and Rangers had to hike all this way for a frivolous call by a panicky city dweller who has no knowledge of knife laws, the CCC (criminal Code), or wilderness skills and tools use. I further stated that I would overlook the illegal bag search and said Good day gentlemen, and i walked away. The Officers thanked me for being polite and then thanked me for being prepared in the woods.

I caught up with them several hours in the parking lot at the trailhead. They were ripping a strip off the lady that called in. She was indignant that anyone would be in the woods carrying such horrible murder weapons. They explained to her in very terse words, that the man (me) was perfectly in his legal right to carry a knife, and that judging by the gear he carried, he would probably be the one to rescue your party of hikers, because NONE of you are prepared for these mountains."
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I think you handled it quite well and responsibly. You were polite but firm and held the high ground. That type of response helps every one of us who might find himself in the same situation. Thank you. :thumbup:
 
You may seriously consider suing for damages and then once a (very likely) positive result is awarded, waiving everything but attorney's fees, personal costs and $1 in punitive damages contingent on further education and/or disciplinary action for the cop that pulled you over and the rest of his colleagues.
 
My night in the drunk tank was fully my fault and I deserved it. The whole experience was very professional but also expensive. That is alright with me. It got me sober and I haven't drank for over 4 months. For a drunk like me, my sobriety is priceless. :D
 
I don't understand why you are going to court.What did they charge you with? I think they were right to stop you (my mother was killed by a drunk driver also)but as soon as you blew a zero you should have been released,You may have been given a ticket for driving without your headlights but that should not be a detainable offense. Did he even bother to apologize?
 
If you do begin a lawsuit, and I'm not trying to sway your decision, be prepared for the county to pull some tactics with you, trying to get you to drop it. And be prepared for it to take a LONG time. In October of 2004, my mother-in-law was visiting, and the whole family left to get some breakfast. I let my wife drive, so her mother could sit by her and they could talk. On the way, we were going through an intersection, with the green light on our side, and a deputy runs the red from our left and smashed into my wife's door. She had a broken rib from the impact, and all of us, including my boys who were three, six, and nine years old, had sore backs, necks, and other injuries. Despite four independant witnesses, and photo evidence, my wife was found 100% at fault, and was ticketed for "failure to yield". We retained a lawyer and filed a suit. Right afterward, we received a bill for the deputy's car, almost $10,000. They kept sending it over and over, threatening collections. Of course, the ticket was dismissed once we fought it in court, but it still took more than three years for the county to finally pay all of our medical bills, and some money for another vehicle, because our van was totalled.

Just don't let them outlast you, and be ready for some crappy dealing from them.
 
Monday morning I saw an attorney. It was the best $250 I have ever spent. The only time I had visited an attorney before this time was when we have adopted children. He gave me a laminated card with his name at the top that reads much like this one that is to be given to the officer along with drivers licence, registration, and insurance papers.


ASSERTION OF RIGHTS


Officer, please understand -

I refuse to talk to you, other than to identify myself, until I consult with my attorney.

If you are investigating a DUI, I wish to remain silent and refuse to answer any of your questions. I refuse to tell you whether or not I have been drinking. I refuse to tell you how much I may or may not have been drinking and I refuse to tell you where I have been. I refuse to do any and all field sobriety tests and I refuse to do any breath, blood, or urine testing. I refuse to exit my vehicle unless I am under arrest and you tell me why I am under arrest.

I refuse to consent to any search of these premises or any other premises under my control, or in which I may have a possessory, or privacy interest, including my car, my body, or effects. I further refuse to consent to the taking of any portion of my property, or any specimen of my breath, bodily fluids, or tissue, for scientific analysis, without the reasonable opportunity to obtain the advice of my attorney by telephone.

If I am under arrest, I want to consult with my attorney. I wish to invoke and exercise my Miranda rights. If you attempt to question me, I wish to remain silent and I want my lawyer present. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversations with you. I refuse to participate in any line-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer.

If I am taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any search, impoundment, or inventory of my property. I do, hereby waive any claim of liability for loss, theft, or damage against you or your superiors, or any other authority, and agree to hold all harmless therefrom, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property.

I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of the State of Alaska to be free from your interference with my personal affairs.

If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.

I was told that because I was arrested the DA would have to review the charges and would most likely drop them. I called him today and he said that the state is not going to prosecute.
The city may very well keep the case open until the blood tests get back.
I should not have asked for a blood test.
On the ticket the cop said my eyes were blood shot. I had been working in a dusty shop all day and been up for 16 hours. On the ticket he said that I appeared to on a stimulant and a depressant at the same time.
I am a 55 year old father of seven daughters from 1 to 29 years old and the grandfather of 12. I do not need to drink or take drugs to enjoy life.
If someone wants to drink responsibly that is their own business.
The most important lesson I learned is how important it is to have a relationship with a good attorney.
I still am thankful for and respect our LEOs but have found that their judgments my very well not be in my best interest.
 
Sounds like a good result.

What happens with the expenses that you have incurred?

In Australia you may have gotten a ticket for the headlights off but if you had of blown 0 then you wouldn't have been charged with drunk driving.

Did you ever work out why you were charged considering all the scientific evidence showed you hadn't been drinking?
 
I'm personally not in the sue the police for mistakes camp. I think it has been extremely damaging to the police and their ability to do their jobs. Retain an attorney to make sure you don't lose a penny on the deal? Yes, but sue them to make a buck? I wouldn't.
 
So now you don't have to break the law to get arrested you just have to look like you may have broken the law!
 
One point I think some people are missing here is that he was brought in for DUI, Driving Under the Influence not DWI, Driving While Intoxicated. A DWI is for driving drunk while a DUI is for driving drunk or driving under the influence of drugs. When he blew a zero, the LEO then thought the problem was drugs instead of drinking.
 
akivory said:
ASSERTION OF RIGHTS

Officer, please understand -

I refuse to talk to you, other than to identify myself, until I consult with my attorney.

If you are investigating a DUI, I wish to remain silent and refuse to answer any of your questions. I refuse to tell you whether or not I have been drinking. I refuse to tell you how much I may or may not have been drinking and I refuse to tell you where I have been. I refuse to do any and all field sobriety tests and I refuse to do any breath, blood, or urine testing. I refuse to exit my vehicle unless I am under arrest and you tell me why I am under arrest.

I refuse to consent to any search of these premises or any other premises under my control, or in which I may have a possessory, or privacy interest, including my car, my body, or effects. I further refuse to consent to the taking of any portion of my property, or any specimen of my breath, bodily fluids, or tissue, for scientific analysis, without the reasonable opportunity to obtain the advice of my attorney by telephone.

If I am under arrest, I want to consult with my attorney. I wish to invoke and exercise my Miranda rights. If you attempt to question me, I wish to remain silent and I want my lawyer present. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversations with you. I refuse to participate in any line-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer.

If I am taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any search, impoundment, or inventory of my property. I do, hereby waive any claim of liability for loss, theft, or damage against you or your superiors, or any other authority, and agree to hold all harmless therefrom, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property.

I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of the State of Alaska to be free from your interference with my personal affairs.

If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.
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All of that fits on a card? It must be a really big card!
 
FoldersForever said:
One point I think some people are missing here is that he was brought in for DUI, Driving Under the Influence not DWI, Driving While Intoxicated. A DWI is for driving drunk while a DUI is for driving drunk or driving under the influence of drugs. When he blew a zero, the LEO then thought the problem was drugs instead of drinking.
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Was there a test for drug use or is it good enough that the officer "thinks" you might be under the influence of drugs?

Wouldn't being in uppers and downers just return you to normal?

In Australia you can be randomly breath tested and have a saliva test for drugs at the same time, instant results. You are arrested or left to go on your way.
 
[QUOTE=trentski;669015 Wouldn't being in uppers and downers just return you to normal?
no!!! it will stop your damn heart.that happened to a friend of mine in highschool.
 
Aside from all the great responses... I missed what it is you are being charged with since you didnt say you were ticketed for operating at night with no headlights???
 
The DA is a moron if he says anything other than "You're free to leave, and I apologize on behalf of the PD for the inconvenience".
 
As others have said, be sure to have this exponged from your record. Years ago I was arrested for DWI. After going through all the bull, three years later the charges were dropped. No Apology, nothing. The crappy part is I didn't know about getting it exponged from my record even tho it was dropped. Pulled over again about 6 years later and I go to jail again for the same thing. The officer just arrested me after running my liscense. Come to find out when they run your liscense IF you have been arrested for DWI in the past it comes up on the computer. Dismissed, doesn't matter. If you have it on your record it is considered probable cause to take you in. Make sure you get a clean slate.
 
It took me until Thursday to get my wifes van back. The city attorney said that I had get a statement from the DA saying that they were not going to prosecute. The DA would not talk to me until I got a statement from the clerk of the Cort stating that I was representing myself. The clerk of the Cort would not give me any paperwork because the DA had not decided to charge me. I finally got a hold of my attorney and he called the chief of police and with in an hour I got a call from the DAs and the city attorneys office telling to get the van out of impound without paying the $800 bond.
From what the attorney told me it is very unusual to be arrested without being booked. I think when I passed the breath test in the field and at the station and the mouth swab for drugs the officer realized I would not be charged .If I had not requested a blood test it will all be over.
I have never worried about being arrested because I do not drink or use drugs.
Because our LEOs are so highly paid we do not have an overabundance of them. In the thirty years I have lived here I might get pulled over once every three Years it is usually for a drunk check and the excuse is something like my license plate is covered with snow or some minor violation. When the officer walks up he will make contact and assess the situation and invariably just give a verbal warning. When this officer walked up he did not make conversation or look me in the eye. He later told me he had just been to drug recognition school in Arizona. I think he was a little over confident.
With running a business and all the drama involved with our large family and foster children this experience will soon be forgotten.
 
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