First some background information. I am a 42 yr. Old, divorced father of 2; a son, 17 and a daughter, 2. I've lived at the same address for 10 yrs. My police record consists of a possession of less than an once of marijuana which was dismissed. I have no misdemeanor or felony convictions.
I recently opened a smoke shop, "Freebird's Tobacco Etc." in Sweet Home, Oregon, in a building that had been a smoke shop for the previous few years. When the previous business closed due to it's owner's death I was fortunate enough to have financial assistance from family to re-open as a new business.
I spent most of my here. I open at 8 am and close at 8 pm. And being an avid PC gamer whose gaming PC is now doubling as a POS/inventory computer it isn't unusual to see me here late into the night. With a small parking lot and owning a large truck it's easy to tell when I'm here.
Shortly after opening, being concerned with security I phoned the Sweet Home PD identified myself and inquired to the legality of a weapon in the store. I was told that a license to carry wasn't required to keep a firearm in a business that I owned, provided it was kept out of site. Fortunately my pistol fit nicely in a convenient spot. (Which will remain undisclosed.) As for out of the store I decided it would be in my best interest to get a license to carry a concealed firearm. .
After an eight hour course, a check to the county sheriff and one to the state police, fingerprints and a picture, the wait for approval began. A few days later I stopped by the police station and gave the receptionist/dispatcher my home, cell, and business phone numbers incase there was a need to contact me.
On Thursday I close at 6pm so that I can play poker at Chewies bar, which I've done for several weeks. Thursday, November Eighth was no exception. I arrived shortly after 6 pm and played in a Texas Holdem tourney for about 3 hours before being knocked out. During those three hours I drank three bottles of Coors. At a little after 9 pm I left Chewie's, while walking to my truck from the rear I noticed my tail lights were on, upon entering the vehicle the dash lights were on as well. I was worried that the truck wouldn't start but it did. Within 100 ft. of pulling away from the curb on the street lit road I realized that although my running lights were on, my headlights were not. I pulled the knob the rest of the way and my headlights came on. I continued back to the shop, a blinker and a right turn, a blinker and a right at a stop sign, a blinker and a right at a stop light. As I turned right onto Main St, flashing lights came on behind me. I pulled into the closest available spot, which was my store parking lot.
An officer approached, after greeting him he asked if I knew why he pulled me over, I said no. He said that I had been driving with my lights off, I related the story of my taillights, demonstrated the knob that I must have pushed only half way in when I arrived at Chewies. He took my license, registration and insurance card back to his car and another officer that had arrived. He shortly returned and asked me how much I had had to drink, I told him 3 beers over the last 3 hours, and that I'd be happy to give him a breath test right now. He said, "We'll get to that." and led me to the sloping sidewalk for a field sobriety test. The test consisted of standing heel-to-heel, toe-to-toe, hands at side, while listening to instructions and watching a three step demonstration. I was instructed to walk heel-to-toe on the sidewalk seam nine steps with my hands at my side, take baby steps with my right foot around my left 180 degrees and return, counting steps while doing so. The second also had me with hands at side feet together while listening to instructions and watching a 3 "second" demo of lifting one foot six inches off the ground with toe pointed, hands at side and counting " one thousand one, one thousand two, one thousand three." After affirming that I understood, he told me to begin. At "one thousand ten," I was ready to be told to stop, at "one thousand twenty," I was concerned, at "one thousand twenty-six," I was told to stop. He told me to stand at the rear of my truck while he conferred with the other officer. He soon returned and informed me that I was being arrested for DWI. Placed me in cuffs and put me in the back of his squad car. As the second officer was searching my truck he announced, "Container." The arresting officer said excitedly, "Open container?"
The reply came, " No it's sealed."
Upon hearing this I informed the officer that this parking lot was private property that I pay rent on and asked if it was necessary for it to be impounded, he said yes it was.
When we reached the station the officer called in to have garage door opened and had his passenger, an observer, I assumed, get out of the vehicle. We entered the station where I was cuffed to a bench while the officer prepared the breath test machine. He informed me that if I refused the test my license to drive would be forfeit. I complied and blew, 15 minutes later I blew again. The result came as 0.03% BAC, the legal limit in Oregon is 0.08%. My relief was short lived as he told me that he thought I was under some other influence and was still under arrest. I was put in a holding cell while we waited for the arrival of the on-call "drug recognition expert" to arrive. When he did I was given a glass of water and told that he would conduct some tests, including a UA, and that if I refused my drivers license would be forfeit. I told him I would comply with the UA test. He asked me if I smoked marijuana, knowing the UA would show THC in my system I said, "yes." He asked how recently I said before noon, by now it was about 11 pm, He put me through more physical testing, the heel-toe-walk, following a pen with my eyes, putting head back and with eyes closed, feet together, hands at side, estimating the passage of 30 seconds, ( I was told I'd hit 31) and the 6" foot lift this time counting to "ONE THOUSAND THIRTY-ONE." I was told I failed the tests and once again was put in the holding cell while preparations for more tests were made. The next set of tests were conducted in another room and included a lights-out pupil dilation observation, a body temp reading, BP test, pulse rate, and a "muscle tone test." Shortly after the muscle tone and BP tests the recognition officer said, "You aren't selling those glass thingies out of your store, are you?"
I replied, "Well, since I buy them at 66 cents, and they sell for $4.20, it's hard not to sell them, especially when my completion does." They had me pea in a vial, and put me back in holding.
At approx. 2 am I was released, given and opportunity to call someone to pick me up, and had my property returned. The arresting officer thanked me for co-operating and gave me some papers. They included a DWI ticket, a DMV implied consent form, which showed no refusals of any tests, a BAC report, which showed 0.03% BAC, an impounded vehicle info sheet, property list, etc.
The impound fees included and "Administrative Fee" of $75.00 payable in cash only, to the SHPD, if one feels the fee should be waived a hearing may be requested. If the hearing officer, (which at one time was the chief of police, may still be.) deems that the fee was just. You may be responsible for the costs of said hearing. As well as $125.00 to tow the truck 2-3 miles and $40/ day storage.( 10 pm to 4 pm the next day constituted 2 days storage) $80.00.
The next day I found some of the contents of my truck bed on the ground in my parking lot, granted it was just a couple lug nuts for the wheels in the bed. They still shouldn't have left my truck.
I realize that there will be drugs in my UA, but wonder as to the underlying reasons for my arrest. Should they be allowed to watch a bar for people leaving? To have noticed my lights off, he must've been. As such shouldn't he have stopped me sooner than he did, instead of waiting for me to get to where I believe he knew I was heading, or not stopped me since I had negotiated the drive without indication of impairment; i.e. proper speed, signals, stops. And is driving on a lit city street with running lights on for less than 100' reason enough to stop someone, I obviously corrected the problem, and at no time were ALL my lights off. Why give a field test if one volunteers for a breath test.
Shouldn't the officers demonstrate more completely, I'd like to see them hold that foot up for a count of "one thousand twenty-six", or "thirty-one." Truth is I couldn't pass those tests on the most sober day of my life, could you?
Some questions arise.
Did the police have to make sure I wasn't able to get my license to carry? A conviction or even an agreement for diversion will preclude me getting it for 4 yrs.
Was the second officer's testing really to cover the ass of the first officer having arrested a sober driver? Smoking within the last 30 days doesn't prove impairment on that night at that time. Does it? In Sweet Home 40% of men my age smoke on occasion, I'd estimate.
This store has a rep for previously selling more than tobacco, are they assuming it still does, and they're no longer getting their share?
Was asking if I sold glass items that might be used by some as paraphernalia an appropriate question under those circumstances?
Should all of those physical tests been required when I had already consented to a UA?
Is roughly five hours of questioning and testing for a DWI enough, should it have been longer?
Is an "Impound Administrative Fee" that can only be appealed to the police themselves appropriate? Never heard of a police fee anywhere else. Is a "Handcuff Rental Charge" next, or are "Backseat mileage fees" in our future? (One year here the difference between thefts reported and vehicles impounded was less than five, so almost every time there was a theft, the cops stole $75 from someone.)
Other questions arise like why was an officer watching my store the other day, and why did he leave when I went out to see for myself?
I don't claim to be an angel, but I do not drive drunk, I was not impaired. Upon leaving the station I asked if the officer honestly thought I was. He told me I probably wouldn't have hurt anyone or gotten into an accident but yes he thought I was.
How convenient for them was my previously dismissed misdemeanor pot charge? Did that knowledge affect my "Impairment" in their eyes? A dismissed charge shouldn't even be recorded in my opinion. Since it's an admission of inability to prosecute.
I hope the attorney who was recommended to me takes this case, especially since it's in Sweet Home muni court and I need someone outside the county's good old boy network, I don't want to be another rubber-stamped-plea-bargain over lunch.
You would think the first face to face police contact for a new business owner in such a small town would be a courtesy call and introduction, not a stalk and arrest.
Is this harassment?
I'd say "You be the Judge," but unfortunately you can't be. Still your opinion is welcome.
