Unjust or Just should policy have to do their full job to file charges?
This is a story of my experience that is greatly effecting my life. And I raise the question should a police officer follow his job (reading rights, asking to serach car) or in other words do it by the book to file charges against someone?
Let go back to June 2017 I had a servere infection on my forehead from an insect bite. The pain got intense and the swelling grew real large so i went to the ER one evening in fear that the infection was in need of serious antibiotics. The doctor felt i needed a lumbar puncture (a procedure where they insert a needle into your spin to look for infection) in fear that i had meningitis.
Now depite what you see on TV a lumbar puncutre is a serious procedure which can leave serious side effects. A person is actually not suppose to move or walk around for hours after the procedure, my doctor had me walking 10 minutes after.
Now days after i got discharged from the hospital I had growing pain where they did the lumbar puncture. Each day it grew worse. What I didnt know was that my spine did not heal correctly and was leaking spinal fluid causing swelling, pain, and my brain not getting enough fluid.
The big day started off where I was heading into work and stoped at my wifes work to discuss going to the ER again because my back was hurting so bad from the spinal tap. Let me be clear I had not taken any drugs that morning and i never drink alcohol. I left my wife’s work and pulled out onto a 20 mph road and immeditly was stopped by a police officer.
I asumed like most would that maybe i was speeding (i later discovered on the report the officer didnt even get a speed he just estimated i was speeding over the limit). I gave him my info and he then asked me to get out of the car and proceded to give me a sobriety test. I was flabergasted because i wasnt under the influence. He claimed i failed after not being able to walk in a straight line (another side effect from the lumbar puncture). I explained how much pain i was in but that i was not taking drugs yet he asked me if i would go to the station to give a blood sample.
Now i was taught that you should always listen to police and do what they ask. I feared if i said no to the blood test then I would get in trouble. And honestly i didnt think he would find anything. The only thing i could have had in me was a xanax from the night before. So i agreed all of a sudden he cuffed me (he did not say i was under arrest) and put me in the back of his car. He then began to search my car without consent or even telling me he was going to search it. And after told me my car would be impounded.
At this point i was scared out of my mind. I mean what had I done? Was I going to jail? Was i even under arrest? And on top of that now my car is being imounded. The officer brought me to the station and throughout the whole ordeal kept asking me if i was on coke and that i should just tell him because they would find it anyway. I dont do drugs i was in tears i kept saying no.
He brought me to the place to draw my blood where he then said “Oh and you know you have the right to remain silent and STUFF” at that point i remained silent i knew something was off. I was sitting in a police station unknown whether i was under arrest and sort of told my rights but not really. He still continiously tried to get me to admit to being under the influence but i held my ground. My wife showed up and tried to explain about the lumbar punture and how much pain i was in and that i needed to go the hospital. Even a younger officer suggested that i go to the ER.
I never got a clear answer about whether i was being charged with anything. Though they did send a letter to the DMV to suspend my licence in 14 days (yes i found out anyone who gets a DUI get 14 days to drive around and get their stuff together before their license is suspended). I fought this motion immeditly two days after and i license never got suspended. I was finally release still not knowing whether i was being charged or even if i had ust been arrested and released. No one told me anything.
I immediately went to the ER where they found out about the spinal injury causing severe pain. They gave me medications and felt the pain was strong enough to even give morphine shots. I was not just faking it.
I didnt know what was going to happen until days later when we went to get my car out of impound costing 300 dollars. I asked to speak to the officer who just told me to get a laywer. It was the clerk who explained that my bloodwork would be sent up to phoenix and the results could take 6 months and then the officer would finish the report and give it to the DA to decide on filing charges. I found out they have a full year to make that decision.
Now please understand I dont beleive in driving under the influence and if i was under the influence i would totally take the punishment hands down. But I wasnt and on top of that they produre i went through was so wrong. I should have been told i was under arrest, i should have been asked or told about seraching my car, I should have been read my miranda rights and not just STUFF.
Now its march and I have been charged over 6 months later. I plan to fight this because one i wasnt under the influence and two if your going to charge me you better comply with procedure. I believe in police and their work and id ont think there is some conspiracy to get people arrested who dont deserve it. But i beleive that if you have the power to disrupt someones life with these kind of charges you better follow procedure. I have never driven under the influence and will fight to keep that charge off my record.
I feel violated that something like this can just happen. That someone not taking drugs can be pulled over and bullied and not even told whats going on. It makes me scared that anyone can be charged with anything if the circumstances are right. So April 20th is my first day in court i have a laywer and we will see whether this effectivly corrupts my life.