Friday, August 19, 2011

PLease read and answer...Was this traffic stop and everything involved legal?

My husband was arrested for a DUI following an earlier incident that occurred hours before. We went out for our anniversary to the local bowling alley. We did have a few 3 10 oz beers but that was between 8:30-10:30pm. After that time we continued bowling and ordered our dinner and sweet tea. At appox. 12:20 we were walking out the door and another man that was standing outside started trouble with my husband. Not exactly sure why, but he was CLEARLY drunk. My husband ignored his verbal threats and continued walking to the car...As I was walking by the other guy he grabbed both my arms, squeezing my so hard he left large bruises on my body, then throwing me into the parking lot which caused a head injury knocking me unconscious. I have a copy of the dispatch report, police radio communications and the officers statements. Once the cops arrived on scene I told them my wishes to press charges. Well then told if I press charges then I would go to jail as well. It turned into he said she said. So the officer told us we were free to leave and we asked him if our vehicle would be safe leaving it there because we were talking to our friends house that lived directly the street behind there. He said it was ok so we left. The 911 calls came in at 12:29 that night and we were released at around 1am. We walked to our friends ate again, a frozen pizza and watched some tv. It was now almost 2am so figured since the bowling alley was closed our vehicle would be the only one left & it probably wouldn't be smart leaving it there since we didn't know if the guys from earlier would come back. So we walked back waiving to the officers in the parking lot letting them know it was us and our vehicle not someone random breaking in. We got into the vehicle and proceeded to leave in the direction back to our friends house. Almost immediately we got pulled over. This was 2 am. Nearly 4 hours after my husband consumed 30 oz of beer, equivalent to 2 1/2 regular beers. The officer that stopped us wasn't even the officer that spoke with us earlier in the night. He had never even spoke with us, he just knew that we were there earlier in the night and we had an alcoholic beverage. He didn't wait to pull my husband over for anything involving his driving, or improper vehicle equipment, no reason other than something that happened hours before. Not to mention the other group that he dealt with from the bowling alley (the guy that actually aulted me) he was advised he was drinking and he let them go without giving him a DUI. And to make matters worse is he never offered a breathe, blood or urine test. And we have no way to prove that. Did this officer have probable cause since he knew nothing of our prior/current state Oh and the police department conveniently lost the dash cam video....What are our options? Was this legal?

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