A friend wrote this story and sent it to me, which I post both as a warning and for its own sake.
Police officers have a long and storied history of lying during arrests, on police reports, and even perjuring themselves under oath. They’ve lied about me, in front of me. As Americans, we’re fortunate to live in a country where the burden of proof lies upon the law enforcer instead of the lawbreaker. This is why routine traffic stops should follow strict protocols. Even ruthless murderers have gone free because of technicalities. My particular story contains more of the former (protocol violation) and none of the latter (murder), but if you follow my recommendations you may find yourself where I was this morning—at the end of a gavel hearing the words, “Case dismissed.”
Throughout my life, I’ve had piss-poor luck when it comes to getting caught by authority figures. I nearly got suspended in middle school for de-pantsing a friend in biology class. Freshman year I was suspended for dicking around in English class (and inexplicably promoted to an honors class as a result). Junior year was a whirlwind of parties, subpar oral sex, and death threats from parents of said subpar fellatio perpetrators. The cherry on top of this year was a cold, rainy weekend in November where the police caught me drinking before a football game with a freshman girl. The very next night, I had the supreme idea that I should drink a beer and get behind the wheel of a drug dealer’s car. This left me with one DUI, a narrowly avoided felony possession charge, a night in jail, and $10,000 subtracted from my parents’ bank account.
In college I had a few brush-ins with the law. A couple of fake ID charges, a minor in possession conviction, and assault charges (dropped because I was defending myself, of course). My point is this: I clearly never had a future as a cat burglar, or any other kind, and learned that I have the dubious ability to get caught every time I do something bad and/or illegal.
I live in Los Angeles now, a city which not only thrives on the fumes of automobiles but willfully ignores the need for public transportation. About 45 minutes south of LA lies the idyllic, WASP-y cove of Newport Beach, made famous by moronic reality television depicting the spoiled teenagers and the neurotic housewives who produced them. One of my best friend-girls, “Anastasia”—not her real name, but it’s equally stripper-esque—was dating one of Newport’s denizens and invited me to join her on his massive yacht for Memorial Day. She promised enough silicone to keep me afloat for days should the boat sink, and unlimited expensive booze served by nubile models and tennis instructors. Needless, to say, I agreed.
I invited “Kelly,” another of my best friend-girls along for the ride. Kelly is the rarest kind of woman in LA: an attractive blonde with a brain better served for advanced biochemical formulae than destroying douchey pseudo-actors in Hollywood, but she regularly used it for both (this will be important later).
The day passed as you might expect: I hopped onto an 80-foot yacht with thirty incredibly attractive women and five men I didn’t know, and I proceeded to drink and eat my way into perpetual bliss. Just kidding—you wouldn’t expect that unless you’ve been living in Los Angeles for long enough to meet these types. I met Anastasia’s boyfriend, “Alladin”—the owner of the boat. Curious about his opulent lifestyle, I asked him what he did for a living. He mumbled something about buying and selling “web properties.” I was in a similar industry at the time, but I elected not to press for details: I’ve learned many things in LA, and one of them is that if someone can’t explain to you what he does for work, you probably don’t want to know.
Several glasses of a champagne, a few beers, a couple Grey Goose and tonics, at least five makeout sessions with some of the MILFier attendees, and one botched threesome attempt in the captain’s cabin later, we found ourselves heading back to shore. We ordered enough Chinese food to feed a clan of Hutts and watched the sun go down over Newport Harbor. Three hours later, after Kelly and I made the expert determination that I hadn’t imbibed for several hours and thus was capable of driving, we said our goodbyes.
This was my first mistake of the day, aside from failing my attempt at a threesome. Kelly and I were busy jabbering about how awesome our day was and how we couldn’t wait for our next yachting adventure. About fifteen minutes after getting on the 405 freeway (known as the “four or five hours” to LA residents), Kelly noticed a black-and-white pacing us. I remained calm—I wasn’t speeding and, to my knowledge, I was no longer drunk.
It turns out that the opposite was true in the eyes of the law.
The cop, who will henceforth be known as Officer Dipshit, turned on his flashers and directed me to get off the freeway. Before I could let out the breath I didn’t realize I was holding, he’s yelling at me over his PA system. Within five minutes he’s at my window telling me he detects the odor of alcohol and administering a preliminary eye test (without my consent) known ominously as the “Nystagmus.” He’s asking me to exit the vehicle. He’s asking me to submit to voluntary tests. Remembering my first encounter with a potential DUI in Washington State, and the video “Never Talk to the Police,” I raise my hand and emphatically state, “I REFUSE.”
Police don’t like their authority being questioned. They especially dislike it when a citizen knows his rights and chooses to exercise them. Read these words very carefully: voluntary DUI tests are designed for you to fail. You can be Michael Phelps or Usain Bolt on a midsummer’s day in 2012, sober as a rock, and still fail the tests. DUI tests were created to stack evidence against you in order to give the officer a defensible reason for arresting you. Let me repeat: if you have had anything to drink, ANYTHING AT ALL, do not submit to these tests.
Some of you are familiar with Tucker Max’s work, but most of you haven’t read his poignant piece (written with friend and business partner Nils Parker) about the different types of people who become cops. My arresting officer was certainly a “High School Napoleon”—5’4”, 220 lbs of seething, blubbery vengeance for all the wedgies and rejections from women throughout his life. I’m not stupid enough to be disrespectful to a cop. Should you find yourself in my position, do what I did: give him short, courteous answers, do not admit any guilt, and above all do not submit to his tests, no matter how much he tries to scare you.
Upon rejecting his voluntary DUI tests, Officer Dipshit threw his pad into the air and informed me of my imminent arrest. He pushed me against the car as he slammed the cuffs on my wrist, whispering that his colleagues had “Fucked up bigger guys than me,” and tightened the steel links until my hands went numb. I knew that I was in for a joyous night. The officer then proceeded to threaten Kelly, telling her that he was going to arrest her too, asking her if she would like to spend a night in jail. The only thing I was guilty of thus far was driving a red sports car with a hot blonde in the passenger seat.
I was arrested, taken to the police station, and booked for DUI. After sixteen miserable hours, I was released to my disappointed mother. Eventually they got around to testing my blood. You must submit to this test, otherwise you’ll be automatically convicted of a DUI and your license revoked for a year, but you want to have it administered at the police station. The results wouldn’t be known for weeks, but it turns out that my Blood Alcohol Content was .09, otherwise known as the equivalent of a little more than a beer per hour. In the eyes of the law, I was intoxicated. It doesn’t matter if you think you’re drunk. It only matters what your blood says (Dexter Morgan would appreciate this sentiment).
After receiving a citation for a DUI, you have a few options. You can go to your hearing, plead guilty, go to your alcohol classes, attend the M.A.A.D. panel, install the breathalyzer in your car, and deal with a suspended license for six months. Most people choose this—especially the ones that have an egregiously high BAC. All told, your first DUI will cost around $5,000 even if you choose not to hire a lawyer. This doesn’t count the peripheral costs, like explaining to your employer why your license is suspended, telling your date why you have to blow into a tube before you can start your car, or attempting to bum rides from your friends while you’re carless.
I hired a lawyer and went to war with Officer Dipshit. The truth is that most of you won’t be able to do anything about your DUI. Your case will be open and shut, the same kind of case that passes through municipal courts hundreds of thousands of times a year in the U.S. However, there are a few things that you can exploit to your advantage:
- If you were smart, you didn’t take the voluntary tests. Now the officer has to prove that he had a legitimate reason to pull you over in the first place.
- Your lawyer should subpoena the dashboard video of your arrest. Ever gotten stoned and watched an episode of COPS? It’s hilarious, right? Not so much when you’re the perp. Luckily for you, most states require police to videotape their arrests—thanks, Rodney King!
- The dashboard video will sometimes allow you to systematically refute most of the cop’s police report. As I mentioned in the opening paragraph, police will almost always embellish or outright lie on the police report. In my case, the cop claimed that I was speeding, swerving, driving erratically, refused to pull over, stumbled upon getting out of the vehicle, displayed an aggressive demeanor, and generally acted like a drunk lunatic. None of this was true. Cops, incidentally, are trying to eliminate the ability of citizens to record them, because they dislike objective evidence that documents their actions.
My lawyer built a case against Officer Dipshit, culminating in this morning’s hearing. Officer Dipshit took the stand and said all the “facts” in his police report were accurate. The police report was inadmissible as evidence – the dashboard video, however, was admissible, and showed him contradicting himself. Officer Dipshit lied his way into a corner, and the prehistoric judge presiding over the hearing ruled that he was an idiotic, lying, power-tripping asshole, just as we suspected all along.
Lawyer fees: $5,000
Hours spent worrying: countless
The look on the cop and district attorney’s faces when they realize that their asses have been handed to them on a silver platter: priceless
Your life lesson: Don’t talk to cops, and learn how to fight the system.
I can’t support your friend here. He doesn’t seem remotely remorseful for driving over the limit (and with a passenger), and he seems more concerned to tell everyone their best chance of getting away with it too. The whole tone of the post just reeks of glee at having outsmarted the police. He might argue that he was fine to drive, but the law says he wasn’t. He was guilty but got off on a technicality, and that’s nothing to be proud of. And some cops might be power-tripping douchebags, sure, but that doesn’t excuse your friend driving over the limit.
And some cops might be power-tripping douchebags, sure, but that doesn’t excuse your friend driving over the limit.
That’s a fair point, especially regarding pride. But I’m more troubled by the tendency of some cops to lie when it’s convenient; hence the link to David Noriega’s larger piece, “The Thin Blue Line.” It doesn’t appear that the cop had PC to pull my friend over in the first place, and it doesn’t appear that he’s actually going to be censured for lying about evidence.
The tangential point is that defining drinking under the influence as .08 instead of .1 is overly stringent; I can’t find links to discussions of the issue now, but most people simply aren’t drunk at .08 or .09. The really tangential issue is that I’d like to see American cities where walking is easier than driving.