Officer that pulled me over lied on his probable cause statement.?

Question

My friend was most likely a .30 the night I needed to get home. I drove his car, not knowing that his registration was expired. Out of nowhere (stealth, I swear -- the cop didn't have his lights on), a cop throws his lights on and pulls us over.

Although I had had only three or four 5 oz. glasses of wine over a seven hour time span, I ended up being arrested for DUI. While I was doing field sobriety tests (the walking portion I told the officer - emphatically - that I could not do, as I have an extremely painful Morton's Neuroma in my right foot), my friend asked an officer from the neighboring township why I was pulled over, as I was driving perfectly. The officer stated to my friend that HIS township had called the license number in and found the car's registration to be expired.

The officer that arrested me, in neither his incident report, nor his statement of Probable Cause, made any mention of the tip he had received from the neighboring township. I asked my lawyer to request the county dispatch records to determine just when the license was called in. My lawyer neglected to request a good twenty minutes prior to the arresting officer's records with county dispatch, but the print out we have received shows CLEARLY that the first license number the arresting officer called in was NOT the license of my friend's car that I was driving!!!

The records also show that his IMMEDIATE back-up call was NOT to the township he works for, or that I was pulled over in, but to two officers of the neighboring township.

The arresting officer's incident report and probable cause statement then contains line after line, statement after statement,of lies, that will, no doubt, seal my fate of conviction of a DUI.

This is much much much more serious that I am even putting here, so I would please please be grateful for any information and advise regarding this travesty of justice.

NO ONE HAS THE RIGHT TO LIE!!!!!

Answer 1

What was your BAC?, You did not state in your narrative what the probable cause was in addition to your expired tag. Was it crossing the line etc. Also the walking portion of the test is called the walk and turn test. Did you also do the one leg stand as instructed. Base on the totality of the stop you were arrested. Apparently you have no confidence in your attorney if you hired him. If the officer did misstate any facts in his report your attorney should be able to address it during the trial. Either way it's going to cost you some money to pay the fine, attend the classes and any followup. If it goes to trial, figure on about 8k to 10k to defend you in court. Without looking at the report of the officer there's not much more to say.

Answer 2

Police in criminal investigations lie all the time especially during interrogations of a suspect. They do have the right to lie and there are plenty of USSC opinions to back it up.



As for your incident just about everything you mentioned about someone calling in a tip is irrelevant. You were diving illegally. The police can run the tag from their patrol car and see that the registration is expired. This is more than enough probable cause to pull you over. They do not need information from anyone else. The only thing that is relevant is that you were driving a car illegally when you were pulled over. Your lawyer is not going to defend your case based on your argument about the tip because it is a completely baseless defense.



I suggest you come to terms with the fact that you are guilty and prepare to deal with the consequences.

Answer 3

In what way do you want advice from all the people on yahoo answers? In you lengthy explanation it is clear you have a lawyer so he would be the person to ask about this travesty of justice. You mention how little you drank and over a specific period of time but not if you breathed over .08 or whatever the limit is where you are. The probable cause was an expired registration. Police departments share information all the time it is not illegal for one township to alert another to a violation and the other to follow up on it. All you need is your doctor to testify about your foot problem and the walking test will be useless. But if you breathed over the limit, That will seal your fate.

Answer 4

The court will be interested in two things.

1. Was there a valid reason for the stop, and

2. Was there evidence you were impaired.



The officer had no reason to lie, as the tags were expired. How he discovered that is insignificant.



One glass of wine in one hour would raise your alcohol level approximately .02, and your body eliminates about one drink per hour. Even if you chugged all three glasses right before you were stopped, you level would be no more than .06.



If your fate is sealed, it is not because of the officers lies, it is because you drank more than you think you did.

Answer 5

Sorry, if you have "extremely painful Morton's Neuroma in my right foot" why were you driving? Seems to me the police did a good thing for everyone getting you off the road.

Answer 6

Noone has the right to drive an unregistered car while under the influence either.