Is this legal?

[ogional]

@Apocalypso

(bolding in the quote is mine)
I’ve worked with a few people that have has aspergers and looked up some info on the condition to help me understand and deal with them better. One thing I have personally noticed is an inability to process or follow new instructions. One time I told a co-worker “our supervisor asked that you stop doing X”. He kept repeating it, and every time it would get more and more turned around until it became the exact opposite of what I’d told him. It’s not “not paying attention”, it’s an inability to process it correctly.

I can’t tell from the OP’s story whether he was actually drinking when he first left work at 7:30, but his co-workers reported him for it. He knows this because they told other people at the store that they reported him. He thinks that it was wrong for the police to “stop” him based on his co-workers reporting him. OP has a faulty understanding of police procedures and the reasons they can and can not stop you. His lawyer probably explained this to him, but he doesn’t understand it.
He says he failed a field sobriety test because of his aspergers (inability to follow instructions). This is consistent with what I know about aspergers but again, I don’t have medical expertise on the subject or knowledge of the OP’s condition.
He was given tests for alcohol and was not over the limit but some time passed between him being approached in his driveway and the test. If he was very skinny enough time might have passed that the alcohol was no longer in his system.
He was charged with a DUI based on the Xanax in his system. The charges were or will be dropped because he has a scrip for it.

So ogional if your DUI charges were/are dropped, what are the remaining charges against you? Were you drinking when you left work at 7:30? If not, why did your co-workers report you?

No I was not drinking at 7:30am when I left work I didn’t even have beer on me at 7:30am. I called and emailed my credit card company they said I bought the beer at 7:19am. I did not buy the beer at 7:19am. It was time stamped 7:19am because there servers are in a different location and timezone and plus the walmart changes there timezone that day so the time stamp would say 7:19am. But it was 8:19am I bought the beer because the cop stated in the report I walked out of walmart at 8:45am. If I bought beer at 7:30am the beer would not have “been cold to the touch” according to the officer. The time zone change didn’t happen nationally until march 10th, 2013. In the report it states the co-workers called in advanced. I card with USAA.

[ogional]

@Apocalypso

It’s hard to explain, and I wasn’t there when he was hired. I don’t know how they trained him in the first place.But he works extremely fast and gets a lot done. However, he makes a lot of mistakes and does many things incorrectly. Every time they’ve tried to correct him he gets very very upset and claims they are “picking on him” for no reason. He has a complete inability to accept change or do anything different.

Don’t type like you know me, never had problems getting things done at work. Just other people. So don’t act like I don’t know how to do my job. Doubt you even know who I am. Unless you can say what position I was in at my job. Never been corrected at my job or talked to about how I do my job. Other than that don’t be talking poo.

Next Court date May 3, 2013. Its not going to trial it should get dropped that day then VOP May 14, 2013 it should get dropped along with my POCS or they will have to schedule another court date for that one. I have to see my lawyer tomorrow don’t know what its about but I’ve all ready told him everything so he might be wanting to talk about my POCS charge hes not even handling that charge but then he is I didn’t pay him to handle my vop charge and he is handling it for me as well as my other charges. I just told him to handle my DUI. But the judge just tells my lawyer to talk to the felony state attorney so my lawyer really has no choice but to do as the judge asks. Court should be done on May 14, 2013.

[Loach]

Thanks for clearing that up.