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    whocares

    Shooter
    Rating - 92.9%
    13   1   0
    Nov 9, 2010
    414
    18
    Clarksville, IN.
    This situation is probably the single greatest violation of my person in my life to date. I am overwhelmed with anxiety and frustration. I mean I feel like someone has run off with my prized possession while I watched and could do nothing. I need some insight and contact information for any potential source of help in resolving this matter.

    On Friday night May 3rd my wife and I went to the Wicks pizza in downtown New Albany. We never go out as we rarely get a babysitter. We both had to work early Saturday so my mom kept the kids Friday night for us to pick up after work before Derby. We were standing outside and couldnt help but notice that several police cars were parked outside the restaurant with uniformed officers standing outside their cruisers waiting for people to leave.

    My wife and I ate some pizza and in the 1.5 hours we were there she drank two draft beers. They were Kentucky Bourbon Ale beers, not that it matters. After dinner we went and danced for about thirty minutes. At 11:30pm it was time to head home as we both had to be at work Sat morning.

    The police waiting outside were no bother to us because I do not drink. I dont drink at all and thus have no reason to worry about driving home. We live in Clarksville approximately 3 miles from restaurant.

    As soon as we got on street from parking lot a police car was behind me. I was driving 23 in a 25 zone and doing my best to just avoid the red and blue lights in my rear view. Well it turns out my wife flicked her cigarette out the window and he hit his lights.

    The officer was a state trooper named Michael Davis. Trooper Davis came to the car where I was ready with the window all the way down. He immediately asked if I had been drinking which I replied I had not but that my wife had and the alcohol he smelled was her in the passenger seat if at all. Trooper Davis took my licesne and my wifes license even though she was the passenger. He went back to his car.and wrote my.wife a ticket for throwing burning material from a moving vehicle.

    Trooper Davis then informed my licesne was suspended for failure to provide proof of insurance to BMV after a stop sign ticket from 2009. Anyway that wasnt all. He told me that he didnt believe me that I hadnt drank and that my eyes were "crazy" and I was sweating. We had just left the dance floor at Wicks and Im a big guy so I sweat. I explained to trooper Davis that not only had I not drank tonight but that I was sober six years and didnt drink at all. I only told him Im sober because he made me feel like I needed an excuse for not drinking as it was impossible that I just wouldnt.

    Trooper Davis then commands I exit the vehicle where he pats me down. He took my DPX Hest folder from my front pocket and my wallet from my rear. It is at this point he begins the sobriety test of the year. Again I am totally sober and alert and it was about 11:45pm. After 5 minutes I realize that this guy is wanting to arrest me. I maintain a very polite and submissive attitude as I just wanted to go home and have learned my lesson about being rude to cops regardless of their own attitude.

    I realize this cop is for some reason wanting to arrest me and that this test was subjective. I turned to my wife in the car on street and asked her if she brought her phone. This was my signal to start recording this as I could sense trouble. Trooper Davis kept asking me what I was on and the more I said nothing the madder he got. His backup who had arrived well into the sobriety test took his flashlight and shined it on my wifes cell phone the entire time to blind her camera. As she would move the camera he would follow it with his light. We were parked under a street light and it was clear my wife was trying to record the investigation which these troopers didnt appreciate. My asking her to video the proccess was my only way of saying to this trooper that you will be accountable for this without saying anything to him.

    Finally he says hold your head back for what you estimate 30 seconds to be. He checked his watch as though setting a timer and said go. I begin holding my head back and think why would I estimate 30 seconds. i mean I can count so I thought he wants me to hold my head back too long as a sign of impairment. I count out loud, 27, 28, 29, 30. I put my head forward and say did you want me to count to 30 or wait 30 seconds. I explain that they were totally different as I can count to 30 in 10 seconds but 30 seconds is 30 seconds and I would gladly do it as he preferred. This is when he stops playing with me and tells me he is tired of my smartass remarks which I assured him was only my attempt at being thorough and that I was very sorry if I came accross as rude in any way. I was sincerely trying to not give him a reason at all to want to arrest me.

    At this point he shoves the breathalyzer in my face and I blow a 0.000. He shoots the mouth piece from the breathalyzer unit into the lawn next to us. He immediately puts me in handcuffs. He says I am now going to take a blood test at hospital and refusal to do so would be like admitting guilt to DUI. I was not at all concerned about a test as I know Im good to go. My wife upon seeing this begins to get very upset. She has watched the entire incident and cant believe what is happening. I am trying to tell her to shut up and chill because I didnt want them to treat her as they had me.

    Trooper Davis places me in his cruiser hands cuffed behind back knuckle to knuckle. He also grabbed the keys from the car which were my wifes keys and took them with me to hospital. His partner took my wife in his car and dropped her off at a Waffle House in downtown New Albany wearing a skirt and looking good as it was a special evening for us. He told my wife she was being placed in a secure location and then he left. My wife was about to call a cab when she realized she.had no house key or office key for work. Also the cops had taken us both away leaving the windows down and doors unlocked in my wifes 2009 Scion XB. Meanwhile I am at Floyd Memorial emergency room totally unaware of what is happening to my wife.

    For almost two hours I wait in the ER with my hands cuffed behind my back knuckle to knuckle but also he made my arms wrap around a arm rail on the bed I was sitting on. I asked trooper Davis where my wallet was to which he responded it was in my car. I finally take blood test which was negative and we leave. I asked him if he was going to take me back to car which he responded with I was going to jail for driving on suspended. I asked him why would he want to do that? I said I have never met you nor ever wronged you and asked why would he want to cause me such a big problem. He said driving on suspended was an arrestable offense.

    It was 11:30pm when trooper Davis pulled me over and now at 2:38am I was booked into Floyd County jail. When we were at the jail I again asked the trooper where my wallet was and he replied with he put it in my car. After the corrections officers proccessed my information I requested to use the phone to call someone to come get me. This is when I am told I have a 12 hour hold because I am charged with DUI.

    Trooper Davis then went to meet my wife where she was waiting for her keys. Its hard to explain but my wife had a large key chain with keys for work, home, storage and some additional odds and ends. Trooper Davis for whatever reason gave her keys back to her in a loose pile where he had broken every single key ring on the chain. I mean literally it was demented bizarre. It is a perfect example of the type of individual I was dealing with.

    The car was towed at Davis order. He had my wife removed from the area for no reason at all. Truly she had only two beers and was most definately fine to drive herself, but the option of allowing her to do so was never discussed nor possible with the keys being held hostage elsewhere.

    My wallet was all I could think about for the next 12 hours in jail. As soon as my wife paid the $150 bail we went to meet the impound driver. My knife was sitting on consle but no wallet. The $300 cash I had to pay daycare was the least of my problems as far as losing the wallet. My insurance cards, commercial licesenses, social security card, check cards, bank acct info. I am not a man who loses his wallet so keeping valuable information in it was natural.

    After I see the wallet is not in car I call the ER to see if trooper Davis had left it there which he had not. Called the jail and no wallet. Went back to.exactly where it all went down and found plastic breathalyzer tip but no wallet. Finally I contact trooper Davis via telephone and he says he never touched my wallet.

    So Im already out $300 cash in wallet, $150 bail, $150 impound and have a court date 5/13/13. This situation has really hurt me not only fi.ancially but morally. Its been just totally insane and I dont know how to proceed with this.

    I suppose I definately need a lawyer, but I am short on cash after all this and feel like Im going to get screwed more if I dont get good representation.

    I needed to get this off my chest. It has really got my head down and it has taken a heavy toll on me as far as my stress level.
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    Yeah. Erase your post and borrow money for a lawyer. So is your DL definitely suspended? If this story is true its a perfect example of why you do not talk to the police or answer questions on a stop.
    Not to mention NEVER submit to their test that are only designed for officer amusement and citizen humiliation. Normal sober people couldn't do all the circus tricks and counting or spelling they want when your already nervous and rightly so especially if your innocent.
    Plus you are not required by law to do them. Let them take you to get a blood draw.
    If your story is accurate I hope you own his ass. But since it doesn't work that way, a big payday might be your only vindication.
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    Things that don't add up:

    If the officer arrested OP for driving while suspended, then at the point he knew you were suspended (which would be with a prior), he could have made the arrest with no issue. So to say he "wanted" to arrest the OP, doesn't make sense because he had that ability from the get.

    Blood draw results, no way this could happen within 2 hours (at least in my experience).

    I'm not saying this encounter didn't happen, nor that the Statie wasn't an $%^#@, just that it might have been "dressed up" a bit.

    I'll be honest, I'm not so sure how a lawyer would help, at least from a violated rights standpoint. I can see maybe about the loss of the wallet, but that's about it.
     

    jbdhere

    Plinker
    Rating - 0%
    0   0   0
    Feb 9, 2013
    84
    6
    Floyd County
    whocares, I care and I am also from the New Albany area.
    OK, it seems driving without a license was wrong only if you knew it was suspended. Throwing a lit butt out the window was wrong, but this trooper and his backup needs to be fired for this.

    These are the kind of guys that don't understand why we pay them.
    Go talk to the owner of Triple G in Greenville and see if he has any suggestions. He is an ex-Trooper and a good man. He might even know this Trooper Davis.
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    Yeah. Erase your post and borrow money for a lawyer. So is your DL definitely suspended? If this story is true its a perfect example of why you do not talk to the police or answer questions on a stop.
    Not to mention NEVER submit to their test that are only designed for officer amusement and citizen humiliation. Normal sober people couldn't do all the circus tricks and counting or spelling they want when your already nervous and rightly so especially if your innocent.
    Plus you are not required by law to do them. Let them take you to get a blood draw.
    If your story is accurate I hope you own his ass. But since it doesn't work that way, a big payday might be your only vindication.

    You can't count backwards from 103 to 78? Or recite the alphabet starting at "C" and stopping at "N"? I bet you could.

    reedin' and righin' ain't jus fo' sity folks ya'll no!
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    You can't count backwards from 103 to 78? Or recite the alphabet starting at "C" and stopping at "N"? I bet you could.

    reedin' and righin' ain't jus fo' sity folks ya'll no!

    Is counting or spelling a requirement to drive? Nope. Then why ask those questions?
    It's not really a point of can I or can't I. The point really is that legally you can't make me and that has zero impact on guilt or innocence. Even the pbt, not admissible in court or required by law as you know.
    Just like searching the car without probable cause. Unless you got a joint on the dash then unless you open your dumb mouth and talk then there's not many legal ways they are gonna search your car.
    I'm just saying people need to know their rights so that they don't get abused.

    Maybe there is more to this story. Maybe not. But I certainly don't respect cops who are ass holes even if they know the guy is going to jail. That's like me picking on someone who I know has no shot of winning in a fight. It's being a bully.

    I do believe more cops than not are professionals, but we all know the turds are out there. Why risk it? Keep your mouth shut.
     

    whocares

    Shooter
    Rating - 92.9%
    13   1   0
    Nov 9, 2010
    414
    18
    Clarksville, IN.
    whocares, I care and I am also from the New Albany area.
    OK, it seems driving without a license was wrong only if you knew it was suspended. Throwing a lit butt out the window was wrong, but this trooper and his backup needs to be fired for this.

    These are the kind of guys that don't understand why we pay them.
    Go talk to the owner of Triple G in Greenville and see if he has any suggestions. He is an ex-Trooper and a good man. He might even know this Trooper Davis.

    Thanks thats what Im looking for. Also, blood draw for alcohol is immediate. Six to eight weeks for drugs. My name is Emile Humbert. I dont want to hide behind a screen name. I am relaying the 100% truth
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    Thanks thats what Im looking for. Also, blood draw for alcohol is immediate. Six to eight weeks for drugs. My name is Emile Humbert. I dont want to hide behind a screen name. I am relaying the 100% truth

    Well you named names and made a pretty big accusation in the title and others in your post. So if your not being truthful then there is probly a **** storm heading your way. Even if you are telling the truth then any lawyer worth their weight in salt is gonna have nightmares when they find out you posted this. I can promise you someone on this board either knows this cop or his boss or they know how to get this to them. So they are gonna see your version and already be able to prepare a rebuttal. When you have an ace keep it your little secret. Good luck.

    The only advice you should be taking is to shut your gums and erase your post. Although I'm sure 50 people have already copied it by now. Don't talk to anyone else about this unless its your paid or appointed lawyer!!
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    Is counting or spelling a requirement to drive? Nope. Then why ask those questions?
    It's not really a point of can I or can't I. The point really is that legally you can't make me and that has zero impact on guilt or innocence. Even the pbt, not admissible in court or required by law as you know.
    Just like searching the car without probable cause. Unless you got a joint on the dash then unless you open your dumb mouth and talk then there's not many legal ways they are gonna search your car.
    I'm just saying people need to know their rights so that they don't get abused.

    Maybe there is more to this story. Maybe not. But I certainly don't respect cops who are ass holes even if they know the guy is going to jail. That's like me picking on someone who I know has no shot of winning in a fight. It's being a bully.

    I do believe more cops than not are professionals, but we all know the turds are out there. Why risk it? Keep your mouth shut.

    I'm not disagreeing, at least for the most part (the numbers/letters are valid), but hey I think most officers would rather that people NOT do the stupid human tricks, that way there's no endless report to write, and we can go directly to the datamaster. I know that's what I would prefer.
    And heck the smart thing to do is to stall as long as you can without doing any of the tests.
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    I'm not disagreeing, at least for the most part (the numbers/letters are valid), but hey I think most officers would rather that people NOT do the stupid human tricks, that way there's no endless report to write, and we can go directly to the datamaster. I know that's what I would prefer.
    And heck the smart thing to do is to stall as long as you can without doing any of the tests.
    I think for the most part we are on the same page. I hate drunk drivers with a passion, but I've also seen people falsely accused and its not like the court pays you back your lawyer fees and bail and impound fees ect
    Even if your found innocent.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
    Rating - 100%
    25   0   1
    Mar 20, 2008
    12,885
    83
    Franklin Township
    Yeah. Erase your post and borrow money for a lawyer. So is your DL definitely suspended? If this story is true its a perfect example of why you do not talk to the police or answer questions on a stop.
    Not to mention NEVER submit to their test that are only designed for officer amusement and citizen humiliation. Normal sober people couldn't do all the circus tricks and counting or spelling they want when your already nervous and rightly so especially if your innocent.
    Plus you are not required by law to do them. Let them take you to get a blood draw.
    If your story is accurate I hope you own his ass. But since it doesn't work that way, a big payday might be your only vindication.

    Standardized field sobriety tests do not include any alphabet or counting backwards. they only involve nystagmus (eyes) walking and counting your steps, and standing with one foot raised while counting aloud. they are not designed for amusement and are pretty good indicators for officers who know how to administer and interpret them.
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    Standardized field sobriety tests do not include any alphabet or counting backwards. they only involve nystagmus (eyes) walking and counting your steps, and standing with one foot raised while counting aloud. they are not designed for amusement and are pretty good indicators for officers who know how to administer and interpret them.

    And that's fine that you think so. Some other cops have publicly gone on the record in an opposite opinion. So it's something that no one will ever agree on probably. If you use it and feel it helps you catch drunk drivers and you have then more power and support to you. I hate drunks and especially drunk drivers, so round em up and ill love you long time :)
    So why do some officers use the alphabet an numbers if its not standardized?

    Edit: and just incase someone is wondering***, no I have never had to do the dog and pony show, lol
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    Standardized field sobriety tests do not include any alphabet or counting backwards. they only involve nystagmus (eyes) walking and counting your steps, and standing with one foot raised while counting aloud. they are not designed for amusement and are pretty good indicators for officers who know how to administer and interpret them.

    To piggy back (no jokes!), the alphabet/counting are "pre"-exits
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    And that's fine that you think so. Some other cops have publicly gone on the record in an opposite opinion. So it's something that no one will ever agree on probably. If you use it and feel it helps you catch drunk drivers and you have then more power and support to you. I hate drunks and especially drunk drivers, so round em up and ill love you long time :)
    So why do some officers use the alphabet an numbers if its not standardized?

    see my above post.
     
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