I was pulled over based on an anonymous tip or tip by co workers wishing to complain about me being impaired because of an "open container violation that had occured at 7:30 am. Both witnesses filed statements that I was carrying a case of beer out at 7:30am and proceeded to consume an open container. They informed the police. The police informed them there was nothing they can do since I was all ready at home. But the police informed them to call them if I was out and about and felt that I was impaired. I decided to go to walmart to buy some beer at 8:45am the true time I bought beer. I pulled out of the parking lot and noticed a cop following me at the intersection. I crossed it and pulled into the gas station and sat there for a few minutes deciding if I should Sit run or wait. I decided to run back to my place and made it back in 35 seconds the cop was just pulling out of the gas station. I was sitting in my drive way for 5 minutes so I thought I was good to go and the cop didn’t follow me so I opened up a beer chugged it listening to the radio and lit up a smoke. Opened up another beer and chugged half a beer. I see lights coming around the corner. Oh shit. The cop walked up and asked if I could do the FST I told him yes sir I only had a beer in a half. I did the field sobriety test and failed it. So I told the cop I took one xanax 1 mg 2 hours ago. I asked him to read me my Miranda rights and he said hold on your only in custody right now. We go to the station. He starts the tests at 9:55am and did the breathalyzer at 10:15am I blew all 000. at 11:31am the cop asked me if I had to piss. I told him yes. He said I couldn’t piss in the toilet until I pissed in the cup so I told him ok and gave the cup back to him. He tricked me into doing the urine test. He didn’t read me my miranda rights until 11:56 am. Miranda rights include asking for Blood breathalyzer or Urine Test. The cop did not give me a reason why he was doing a urine test or tell me what the cup was for. He transported me to jail for DUI drugs or alcohol. I have a script for xanax 1 mg. When I got the report he said I told him I took 2 xanax 2 hours ago and that I took to much medication. When my prescription bottle says take once twice daily by mouth as needed. I have a speech impediment Harrington rods/scoliosis and aspergers. The judge said in my last case because I have aspergers a mild form of aspergers I think in patterns because I think in patterns I can not follow instructions. The cop put in the report that I could not follow the FST instructions. One officer noted that he stepped in close and could not smell alcohol off of me. I found out they only have Partial FST Video with no sound and only me doing one legged stand and the cop not in the view of the camera. The in house video is blank and corrupt. The Urine analysis came back with xanax in my system but didn’t show any alcohol. What are my chances of the charges being dropped? Cops can’t pull you over based on a tip or anonymous tip it is not probable cause. The cop wrote me a false ticket for driving on the wrong side of the road when I was maintaining my lane. Florida
I don’t know if it’s legal or not, but I don’t think you should be drinking multiple beers around 9 in the morning.
It’s for washing down the Xanax.
To make sure I understand this, you drank a beer and a half while sitting in your driveway and the cop walked up to your car while it was parked there? That seems pretty unlikely… At the very least, I’m subscribing to this.
1)Never volunteer information or take field sobriety tests..you arent required to do so
2)Make sure your keys are out of the ignition if you are on your property
3)Dont mix alcohol and drigs
4)Dont drink and drive
I think you should speak with a professional. I’m just not sure whether to recommend a lawyer, a substance abuse counselor, a psychiatrist, or an English teacher…
…Start with the lawyer.
Agreed, you need a lawyer, not a message board. And cops sure as hell can pull you over based on people calling in - there are drivers who will call in on other drivers who are driving recklessly, after all.
It is smart to not drink in your car if you can help it in the future, even if you are parked, even if you are on your own property. Anyways, you may or may not be able to get this thrown out. Consult a lawyer. Your medical problems may possibly qualify you for some kind of pro bono services depending on where you live.
Yes what you did was illegal.
When you know the cops are looking at you, instead of going inside your own home you sit in your car and drink beer?
WHY???
The future’s uncertain, and the end is always near.
That is just one of the things wrong with the OP. If this were fiction I think we could classify the OP as an unreliable narrator.
In Canada, open container means the container the alcohol was sold in. Removing a bottle or can from a sealed cardboard case (opening the cardboard) is sufficient for an open alcohol container charge. ((Even if they can’t find the missing bottle in the car).
There’s been at least one big long thread on DUI charges for just sleeping in the car, with or without the keys. Not sure how the opn liquor charge works, but I suspect they can apply that if they catch you on private property too.
I agree with the previous poster - why the heck would you open a case of beer and drink, in a car, especially when you know the cops have taken an interest in you? That alone would make me drive nice and peaceful for the next month - I assume the license number would go onto some watch list.
Why would you assume anonymous tip is not probable cause? Some concerned citizen who doesn’t want to get too involved has made a complaint. They’d be foolish not to check it out. I suppose you could ask for stats about tips that turned out to be good vs. bad, but in your case it was true.
The best advice anyone can give you in this situation - if you can afford a GOOD lawyer and you don’t want the record, find that lawyer. It sounds like the case has enough holes to drive a big truck through, but you need a better truck driver than you appear to be.
- The “return” key. Use it.
Maybe he works overnight? When I worked nights I would spend my mornings out on the front porch drinking beers and watching my neighbors go to work.
If he doesn’t work nights, then yeah, the OP’s problems probably run a lot deeper than this incident.
And how did I know by the end of the 2nd sentence that this had something to do with Florida?
In Florida, possession of an open container in a vehicle is a noncriminal traffic infraction (§316.1936, Fla. Stat.) What were you charged with, other than the moving violation?
Legal advice is best suited to IMHO.
Colibri
General Questions Moderator
I’m printing the T-shirts now!
You can buy beer at Walmart ?
And also in Florida DUI covers,“Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances.”
And in Florida implied consent covers breath, urine and blood tests.
“The judge said in my last case…”
I have a feeling there is some important information being left out.