Would you be pissed at this Crackpottery?

Ok Let’s start the story off on the right foot - A friend of a friend [Woman, 37, single-mom] was out with friends after a long week of work. She is a very hard working analyst for big company X. She is out with friends enjoying happy hour, happy that she has the weekend to herself [young one is with dad]. She lives in a nice home, in a nice neighborhood, in a nice little town.

The night ensues and she is getting quite drunk. She decides its a good idea to start drinking diet soda so she can still drive home. Even though home is only right down the street from this pub in a restaurant, she still wants to bring her car home instead of walking…

Well an hour goes by and she says goodbye to her friends and walks out to her car, which is parked in a chruch parking lot across from the pub. She walks across the street and decides that the night is nice, [full moon] and she will walk home instead of driving. She is a little too drunk anyway to drive and she thinks she is making the right decision.

She does however, have to stop at her car to grab her coat with her house keys in it.

She approaches her car, opens the back door and ducks in to grab her coat. At this time, two head lights turn on from a car resting in the corner of the church parking lot. Then she see’s blue and red lights turn on, on top of the vehicle - obviously a policeman. The red and blues are not flashing, just on. The car pulls up next to her and the two policemen ask her what she is doing, and she explains to the policemen that she is going to grab her coat and walk home.

The patrolman in the passenger side steps out and asks her for her driver’s license. She gives it to the man and waits. He says he has no problem if she walks home, he can see from her license she lives but a few blocks from home. He does however ask her if she can move her car to the parking lot of the restaurant because the church has a posted sign that no one can park there over night.

She complies and proceeds to move her car. As she is going from one parking lot to the next across the street she clips a garbage can and it rolls onto the curb. She proceeds across the road, parks her car only to have the patrol car next to her again. This time Patrolman number 2 steps out of the car and proceeds to give her a field sobriety test - which she passes. She is getting nervous. She does not understand why the other patrolman is letting this happen, and acting like they didn’t have some sort of arrangment for her to walk home.

The patrolman #1 decides to place the woman under arrest for DUI because she hit a garbage can coming out of one parking lot to the next with their permission.

:confused:

Obviously the woman gets more than slightly dissillusioned and angry, but she keeps her cool. She pays a fee, leaves the police station the next morning at 4am and walks home.

This is the story my wife hears this morning from a coworker.

Does this woman have a case for a lawsuit?

Who the heck do you sue and how in a case like this?

WTF, is up with the cops?

I doubt a lawsuit because I don’t know what she would sue for other than general lying by police which won’t make a good case. She should get a lawyer and contact the DA until the charges are dropped. That is the person that has power and she has a decent case of getting dropped. She needs to fight it because DUI’s can have big consequences although I can’t attest to that personally.

I have to think this was one “Aw, shit!” moment for the cops. I’ve known and been related to cops all my life, and I’m thinking the DUI arrest was one huuuuuuuge gamble on the cops’ part – and the woman let ‘em get away with it. It was a CYA move, to be sure. If someone saw a police car there, saw the woman come out of a night spot and drive the car into the garbage can, and the cops did nothing – man, somebody’s got some ‘splainin’ to do. Much less so if somebody goes to jail ‘cuz, well, at least at *some * point, *somebody * finally opened the procedure manual. The “defendant” should have told the cops to shove the DUI where the sun don’t shine, hired a lawyer and sued the crap outta’ the peedee. But, she’s already paid the fine, a tacit admission of wrongdoing, so I think a lawsuit is pretty much outta’ the question.

But that’s just me. I went to journalism school, not law school.

Fight it, fight it hard and make the whole thing as public as possible once the case is dismissed. Names of officers, evrything. Massive publicity is the only way to fight abuse of power like this. Assuming the story is as told, of course.

Well the story is like I told, my wife read it and concures.

I think she may actually hire counsel on this…We have advised her to at least consult an attorney. See what they say.

It’s not impossible, but I’m skeptical. For one thing I don’t think there’s any jurisdiction in the U.S. where you can be charged w/ DUI and simply spend a few hous in jail, pay a fine and walk out. I’m guessing there’s more to this story. If the woman did get off that easy, I think she should consider herself fortunate and put it behind her.

It happened to a friend of mine some years back in Naperville, IL. Granted, it wasn’t a fine so much as it was bail so he had to come back later for a court date. Perhaps that is the case here?

If that’s the case, them she should hire an atty. and make her case in court, but if she does that successfully and the charges are dismissed, then I don’t see much basis for a civil suit.

This is exactly what happened!

I think if they wanted to arrest her that badly they could have just gotten her on public intox.
They also could have gotten her the minute she turned the car on.

My cousin and his friends got pulled over a few years ago and the driver got popped for driving under the influence. The officer asked the others to get out of the car and my cousin refused.
Telling the officer that he knew he was intoxicated and the minute he stepped out they could ticket him for it so he would rather wait on the side of the road in the car until someone could come and drive them home.

Did she tell the police she was tipsy at the beginning of the encounter?
If she did, I say entrapment.
If she didn’t, she’s on the hook for the DUI.

That is what I am wondering. If she told the cops she was walking home because she felt she had too much to drink and didn’t feel safe driving, I can’t imagine that the cops would then instruct her to drive her car across the street.

And if she only told them she was getting her things out of her car because she wanted to walk home, then the cops would just say they didn’t know she was drunk when they told her to move the car. They would say she should have told them she had had too much to drink and couldn’t drive.

And it seems there must be something else missing. If she passed the field sobriety test, did they administer another type of test at the police station that she failed?

The whole thing is a really an unfortunate situation. I have had friends decide to walk home instead of driving after drinking, only to get arrested a block from the pub for public intoxication. Another friend decided he should sleep it off before driving home and got busted because he got into his car. I hope things will work ok for your friend.

Isn’t this entrapment? The police compelled her to commit a crime she did not intend to commit, then arrested her for it.

I have extreme doubts this happened like she said. :dubious: Even if she is truthful, she was drunk at the time.

She passed the field sobriety test? Did they use a Breathalyzer at the station? On what basis was the DUI charged? Just hitting the trash can?

She paid a fee and was released after a DUI? Most states automatically suspend the license of those charged with DUI. Something is fishy here.
I’m with silenus. She should fight it and fight it hard. If in fact the story as told is true.

The first officer gave her permission to get behind the wheel of her car and drive? Then arrested her when she did it and hit something?? If she was so obviously intoxicated, he shouldn’t have done that. And he already determined she was going to walk home without being a danger to anyone. He’s a police officer for chrissake! Yeah, if it happened the way she said I’d be totally pissed off.

It’s always a mistake to assume you know the story based solely on what the accused said. Especially if the scenario seems unlikely. I’m guessing it didn’t quite go down the way she’s telling her friends.

Essentially, she was allowed by the cops to get into her car - they knew she wanted to walk home because she told them she felt like she was still too tipsey to drive home - when she hit the trash can, some sort of cop alarm went off in their heads, and they arrested her for DUI. In the state of CT you can leave the police station with a promise to appear when arrested for DUI (Drive Under the Influence). Now if she got a DWI (Driving While Intoxicated) the circumstances would have been different.

This appears a clear cut case of cops covering their ass after letting someone get back into a car whilst tipsey. This is what I think.

If they didn’t think she was drunk, why did they turn on their lights and ask her what she was doing and to show her license? Of course they knew she was drunk, she came out of a bar and decided to walk home instead of drive home.

Taking the story at face value, she was going to walk home without moving the car and the police told her she couldn’t leave her car overnight, so she should move it. I think this meets the definition of entrapment, they induced her to commit a crime she had no intention of committing.

You see to hear it from the horse’s mouth I get the impression the cops were fine letting her move the car, but when she hit an object the got jumpy and decided to go ahead witha field sobriety test to cover their asses in case someone else witnessed the whole thing. Either way, the cops are going to have to come up with a good enough story, because the legalities of the facts are very ify.

BTW, I believe this woman’s account. She is not a drunkard, or even a heavy drinker, she was out having a rare social drink with her friends.