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KYDRAKES

please someone explain

7 posts in this topic

How is this a dui??

Took place in Grayson county KY. October 2018 My husband and myself where in a parking lot with driver side door open, with truck NOT running. Officer blue lighted us and stated that our tags where canceled due to non transfer. Then asked my husband to step out my husband asked for what purpose and told the officer he didn't see any reason to get out. Officer threatens to tase him so he got out. The officer then proceeded to search my husband asking him what was in his pockets my husband was a bit off a smarta@@ and told the officer whatever it was it was his. then A 20 min field sobriety was giving and he was arrested for dui. Based on pupal dilation. i was told to step out of the truck, when i asked why the officer yelled at me saying i had been defiant since he got there. I then asked one of the 6 officers that where there (seems a bit much for bad tags) to please explain to said officer that it was my right to ask why. he did but by that time it didnt matter. i told the officer i did not give consent for a search and was told he didnt need it because my husband was being arrested. And truck was searched (marijuana pipe found) I was NOT searched.  My husband said when cop took him to hospital for blood test he asked if he passed the test would he be released cop said no that it didn't matter what the test came back as he was still going so husband refused. They suspended his license and our case has been put off until the end of jan. i have looked online at the dui laws in ky and can not find anything that would give the officers he right to handle that situation the way they did. so my question is how was that legal? no one was driving we had been at the pharmacy (waiting on script)  for around 20 min before the officer came. and they had our truck towed because my license had expired (they where going to let me drive it home) i got most of the stop on video also  

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32 minutes ago, KYDRAKES said:

Then asked my husband to step out my husband asked for what purpose and told the officer he didn't see any reason to get out.

 

Sigh....

 

 

32 minutes ago, KYDRAKES said:

it was my right to ask why.

 

No it isn't.  Or, if you really want to think you have a "right to ask," the officer is unquestionably under no obligation to answer your questions.

 

 

34 minutes ago, KYDRAKES said:

my question is how was that legal?

 

Assessing the legality of the situation you described without having the officers' input would be foolish.  If, however, we blindly except everything in your post as true, it's not a DUI situation.  Your husband should consult with a local attorney for advice.

 

It's worth pointing out, however, that, if your husband was drunk, then he was drunk before you got to the pharmacy (assuming he didn't down a six pack while waiting for the prescription).  It's not inconceivable that he was observed driving before arriving at the pharmacy, and the cops were running the plates while you were inside.

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41 minutes ago, KYDRAKES said:

How is this a dui??

Because your husband was in physical control of the truck.

 

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration test results - - Presumptions -- Penalties -- Aggravating circumstances.

  1. (1)  A person shall not operate or be in physical control of a motor vehicle anywhere in this state:

    1. (a)  Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;

    2. (b)  While under the influence of alcohol;

    3. (c)  While under the influence of any other substance or combination of substances which impairs one's driving ability;

    4. (d)  While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle;

    5. (e)  While under the combined influence of alcohol and any other substance which impairs one's driving ability; or

    6. (f)  Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).

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31 minutes ago, KYDRAKES said:

My husband and myself where in a parking lot with driver side door open, with truck NOT running.

 

Doesn't have to be running. Wherever you parked, you are presumed to have driven there. If your husband was in the driver's seat he is presumed to be the driver.

 

32 minutes ago, KYDRAKES said:

Officer blue lighted us and stated that our tags where canceled due to non transfer.

 

Certainly a legal reason for the contact.

 

33 minutes ago, KYDRAKES said:

Then asked my husband to step out my husband asked for what purpose and told the officer he didn't see any reason to get out

 

Mouthing off to cops is the stupidest thing anybody can do.

 

34 minutes ago, KYDRAKES said:

The officer then proceeded to search my husband asking him what was in his pockets

 

A pat down for weapons is also legal.

 

35 minutes ago, KYDRAKES said:

my husband was a bit off a smarta@@

 

Yeah, more stupidity.

 

36 minutes ago, KYDRAKES said:

then A 20 min field sobriety was giving and he was arrested for dui. Based on pupal dilation.

 

Now he needs a lawyer.

 

37 minutes ago, KYDRAKES said:

i was told to step out of the truck, when i asked why the officer yelled at me saying i had been defiant since he got there.

 

More mouthing off. Look, the way to survive a traffic stop is you do what the officer's tell you to do without mouthing off. If there are any issues with what they do, your lawyer can address those issues in court.

 

39 minutes ago, KYDRAKES said:

i told the officer i did not give consent for a search and was told he didnt need it because my husband was being arrested. truck was searched (marijuana pipe found)

 

Again, if there was anything wrong with the search your lawyer can address that in court.

 

41 minutes ago, KYDRAKES said:

My husband said when cop took him to hospital for blood test he asked if he passed the test would he be released cop said no that it didn't matter what the test came back as he was still going so husband refused. They suspended his license

 

Foregone conclusion to refusing the test under your state's implied consent laws.

 

41 minutes ago, KYDRAKES said:

i have looked online at the dui laws in ky and can not find anything that would give the officers he right to handle that situation the way they did. so my question is how was that legal?

 

That you can't find anything is irrelevant. It's done. Your husband needs a lawyer instead of you seeking advice from strangers on the internet.

 

 

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no actually he wasn't the door to the truck was open and it was NOT running we where still waiting, also the officer did not see us pull in to the pharmacy he stated that he approached because he knew that the prev owner had warrants and was checking to see if they where in the truck.  and yes everything i stated is true

 

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11 minutes ago, KYDRAKES said:

actually he wasn't the door

 

I don't think anyone thought he was the door.

 

In any event, he needs to seek advice from a defense attorney.

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