LegalMatch Free Legal Advice Forums - View Single Post - Their wreckless endangerment or mine?

Quote:

Originally Posted by jenipher

I really need some help. My name is Jenipher, I just turned 21 on May 18th. My boyfriend and a friend of ours went north about 2 and a half hours to a casino, where I got sloppy drunk and my boyfriend (being 18) was completely sober, so he started to drive the three of us home. about 20 minutes away I get woken up to him asking where my registration was because he was being pulled over. The officer never said why he pulled us over but was asking if we had drugs in the car. We said no, and said no to a search, but he kept insisting he search my car and was relentless. The first to get pulled from the car was my boyfriend, he was searched and asked if there were drugs, he told him there was some marijuana in the car, and then had him sit on the cop car. Then our friend was pulled from the passenger seat and asked, he denied everything. Then I was pulled from the car and searched and I didn't know about the drugs so I said nothing. Now with the 3 of us sitting the cop car being watched by a second officer he searched my car. he found three pipes and about 1 gram of marijuana. Neither of the guys were smoking and they were not high. The cop decided to arrest my boyfriend and have me drive home.
We had all told him it was my 21st birthday and we left the casino because I had gotten too drunk.
I understand it was wrong to have drugs in the car, but what can I do about being forced to drive drunk?

LOL you are kidding, right? The delight of a two edged sword......Sure, you can sue the cop under Section 1983 (civil liability) and then when you go to court, PROVE to a jury you were DRUNK and the meanie cop FORCED you to drive drunk, even though you TOLD him you were drunk. Be advised, though, a jury will realize that, in all probability, if you told him you were drunk, he would have impounded the vehicle and you would have walked or called a cab. Just trying to imagine you swearing to a jury you were falling down drunk. No, really, I was!!! Usually, the exact opposite is what jury's expect. So, sadly (cough) I don't think you can SUE the cop for making you drive drunk unless you have a recording or video showing you actually told him you couldn't drive because you were impaired.

The cop doesn't have to tell you why he is pulling you over, and he is allowed to search the vehicle, even without your consent.

Now that that is settled, what happens with the drug charge? You never said whose it was. Also, you don't state who was charged with reckless endangerment? Were you? I don't believe a police officer can be charged with reckless endangerment because you had to drive as a result of your boyfriend possessing illegal drugs and being arrested as a result. Back up in your reasoning--if not for the illegal drugs, the matter wouldn't have been an issue. If you were stopped and no drugs were found, you would have been on your way with the same driver. But since drugs were found, the fact that you were without a driver is your ( and your parties fault ). You are laying the blame at the wrong feet. You had other options--you could have called someone to come get you---he hardly ordered you to drive on at gun point. Frankly, I think it was nice he DIDN'T impound your car and leave you on the side of the road.

You are putting the blame in the wrong place. And the charge is RECKLESS, not wreckless.