Can I argue my DUI arrest by CHP Officers based on facts and coercive-emotionally abusive tactics?

Posted by on . 13 comments.

If I was parked in a parking space on a parking lot and my car was smashed by a reckless driver who did not stop by sped recklessly away and I called the CHP 911 cops to make a report of the damage and how it occured. I was emotional as a few weeks ago I survived a head-on collision by another car over a 30 foot cliff that totalled my car and the police reported it was not my fault at all
but the other driver's: so I told the COPS why I was such a nervous wreck about this damage to the rental car and I wanted a report. They accused me of lying and blaming the damage on innocent people and said I was too upset to not be drunk. They questioned me over and over and arrested me for medication in my purse which I had mixed in 1 bottle. They arrested me but I had no alcohol in my system as they insulted and accused me. Then since I was too upset to pee they took my blood and I did have marijuana since I smoked it days ago and some meth because I drank it in coffee given me.


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  1. rwl_is_taken says:
    October 29, 2009 at 4:51 am

    could you describe the car that hit yours? was their any debris from the other car at the scene? What direction did the car speed off to?
    Did you not understand that at any time you could have asked to speak to an attorney if you felt you rights were being stomped on? This is a very basic right. BUT SINCE you indeed were under the influence of a drug and were not thinking clearly how were you going to get home if you car hadn’t been damaged? drive? call a cab? keeping meds in an unmarked bottle -especially prescribed meds WILL GET YOU IN TROUBLE because there is no way to PROVE at that moment that it is YOUR prescribed medicine. you are out of luck and will probably have to deal with it.

  2. firewomen says:
    October 29, 2009 at 4:51 am

    You certainly can try,make sure you are before the judge to do this. BE NICE

  3. dba_gregg says:
    October 29, 2009 at 4:51 am

    It’s amazing you can pay your freakin’ internet bill.

  4. Georgi G says:
    October 29, 2009 at 4:51 am

    First, you do not have to give blood to law enforcement unless someone is injured and might possibly die. Second, the "they insulted and were abusive" defense will not work. Finally, you need to stop making excuses if you were on meth and marijuana maybe you were under the influence. So, to answer your question, yes you can argue your case but you will lose.

  5. willys56cj5 says:
    October 29, 2009 at 4:51 am

    THC and Meth in your system?! No… you’re screwed royally! If a jury hears this, it’ll sound just like an excuse as the police thought! I know hearing this, that’s how I think!

  6. Zombie says:
    October 29, 2009 at 4:51 am

    You should not have given them blood. Don’t hand them a case, especially if they’re obviously fishing for one. Even if they were unreasonable and coercive (and it sounds like they were), it’s going to be hard to help yourself now, unless you can prove the drugs were in your system from some days earlier and were not impairing you.

  7. Officer says:
    October 29, 2009 at 4:51 am

    That depends on CA law. In Ohio you are still consedered to be driving under the influence no matter what the influence might be. Try to plea your case with the judge but it doesn’t sound good.

  8. firemanwfd17 says:
    October 29, 2009 at 4:51 am

    OK here is my thoughts on your problem. One, it is not smart to mix medicine. Two, your are doing the wrong drugs especially meth. Three, you need to not fight a DUI. DUI has many different categories, you don’t have to be drunk to get it you can be arrested for it by having drugs in your system. You need to not do drugs again and learn to say things like "Meth in my coffee." People that use meth don’t drink coffee. Police Officers not "COPS" were born in the dark but not yesterday.

  9. stellablue1959 says:
    October 29, 2009 at 4:51 am

    Driving under the influence does not have to mean just alcohol.Any substance that impairs your driving is considered.If you carry prescribed medication with you,always remember to carry it in it’s original container with all your prescription info on it.That way if you are ever questioned about it,you can prove it is legit.

  10. Lori H says:
    October 29, 2009 at 4:51 am

    Plead guilty, beg for mercy, serve your time, and while in jail seek treatment for your obvious substance abuse problem.

    It is illegal to carry prescription medication not in they bottle they were prescribed in. You are not required to have a lawyer present to take breath or blood test. You are required under law. Driving under the influence of drugs is the same as driving under the influence of alcohol.

  11. ahahahahhahaahhahahaha says:
    October 29, 2009 at 4:51 am

    sound s like you have a methamphetamine problem and should seek help.

  12. JB says:
    October 29, 2009 at 4:51 am

    California Vehicle Code section 23152(a) Driving under the influence of alcohol and/or drugs.

    This includes both prescription and illegal drugs. Court decisions have upheld that the drawing of blood by the police does not violate the suspect’s 5th ammendment rights against self-incrimination. The police did not coerce you into making a confession, so I’m not sure how you really plan to fight these charges. Good luck anyway.

  13. mikeysco says:
    October 29, 2009 at 4:51 am

    Sure you can. Best of luck.

    But I have to tell you – your question is just over my 1,000th answer here, and it is BY FAR the funniest one I’ve ever read. I really want to thank you for giving me such a good chuckle this morning. Let’s try to cut out the irrelevant garbage first:

    You were parked in a parking spot. You claim you got hit by someone else (not so sure even I believe you) and called the police with marijuana and methamphetamine in your system (bet that sounds silly to you today, huh?).

    Evidently they determined you were under the influence of either alcohol or drugs, or both, and arrested you. You took a blood test and came back positive for two of the most popular drugs of abuse in California.

    I’m sorry – what was the question again?

    Look – you can argue your case based on the color of your socks, if you choose to. The question is if you’re going to win, and really…nobody can tell you what’s going to happen with your case based solely on what you report here because nobody (and probably not even you) has all the facts about the incident. Honestly, it sounds to me like you were probably not in a state to accurately recall the events and *if* you were lying about the collision, that only makes it worse.

    Good luck. I expect you’re going to find the first-offenders DUI class very informative. Maybe it will help you with the drug abuse situation you seem to be experiencing.

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