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i was with him when this happened. We were just driving to his house one night at around 9:30. We were having a pretty good conversation, and i guess we touched the centre line maybe 1-2 times (i know we didn't cross). There was also no one comming from the other direction. my boyfriend is an extremely shy guy and hardly said 2 words to the officers, but i can understand the assumption of some since there are a lot of idiot drivers who confront the police out there.
when we were pulled over, we were doing the limit on the nose so we were wondering what was up. As soon as the the officer came up to the window, the officer's first words after getting his drivers license, etc. were "how much have you had to drink tonight, sir?". We just both looked at each other and he responded with, "i haven't had anything tonight sir" (he was nervous so he was kinda stuttering, i'm assuming they thought he was drunk). It was at night, so the other officer came up and heard what he had said and cut my boyfriend off with "you are lieing, how much have you really had tonight?". My bf just said "look, i'm sorry, but i'm just really nervous, i haven't had anything to drink." The second officer that had come up said "i don't think so, step out of the car, you are under arrest for impaired driving". They put him up against the side of the car and slapped cuffs on him, taking him away to the cruiser.
At that point i'm just sitting in the passenger seat totally dumbstruck, wondering what the hell i'm supposed to do now. The first officer came up to me and told me to step out of the car, so i did. They took their flashlights (both officers were there at that time) and started going through his car, commenting how he had 2 24's of beer (unopened cases) in the back seat and that it looked like it was going to be a party weekend (it was around may 2-4 weekend, and one he picked up for his dad).
After they were done they said i had to call someone to come pick me up, i gave them my information and was told to just sit in the car and wait. They wouldn't give me any other information, and when i asked if he was even going to have a breathalyzer done to prove his innocence the officer just told me they were taking him to the station and he would have one done there.
My friend picked me up and we went over to my bf's house and told his parents what had happened. His mother and sister ran out the door to go to the station and called us at intervals to let us know wtf was happening.
This is where things get kind of fuzzy as i wasn't there myself. Supposedly they got at least 3 different answers from different officers about what was happening. I know my bf had to talk to a lawyer on the phone to read him his rights, or something about what they can and cannot do for sobriety tests.
They ended up charging him with careless driving because they could not charge him with DUI - he had some alcohol show up, but that was from a beer earlier that evening.
Hope this clears some things up.
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 *~ Kate~ *
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