Question:

Is it legal to falsely pull someone over and arrest under-aged drinkers asleep in backseat for Public Drunk?

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I was recently pulled over for no reason after picking up my college age daughter and her college friend who had a few drinks. They did not want to drive and wisely chose to call me. On the way home during the late night, a cop pulled me over and said I was not wearing my seat belt which I was wearing. He realized I was wearing my seat belt and said he couldn't see very well because it was dark. He then proceeded to ask me if I had been drinking and I said no but he told me to get out of the car. After getting out of the car, the cop told me not to move and then proceeded to give me a breathalyzer test which I passed with zero percent. He said I didn't blow hard enough and made me take it again. He had the same zero percent result and angrily stated I needed to take it again. After the third time and still zero percent result, he turned his attention to the two girls asleep in the back seat. He asked if they had been drinking and woke them up telling them to get out of the car. He told them to take a breathalyzer test, found the level was above normal and arrested them for "Public Drunk" because they were nineteen (under the drinking age of twenty one)! I was driving and had nothing to drink. He couldn't find any reason to give me a ticket or a reason for legitimately pulling me over so he arrests the girls who were asleep in the back seat. I feel my civil liberties have been violated and parental rights ignored by a rogue cop. Is this legal?

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6 ANSWERS


  1. From a lawyer. In this case the laws for these usually varies. But i would say a cop can pull anyone over for anything. Even if he thinks something is wrong then he can pull you over. If he finds that anyone was drinking in the vehicle then he can take you all to jail. What i dont understand why did he just randomly give you a drinking test? Something had to not have been right. and especially he can take the girls because they are UNDERAGE drinkers. so its illegal.


  2. No! This Cop is a Moron!

    You did what a responsible parent should do and kudos to your daughter for  calling you for a ride. Fight this in court to the bitter end.

    The charges are bogus. Your daughter and her friend were both asleep in your car which is an extension of your private property. Therefore, they could not have been publicly intoxicated.

    Good Luck!

  3. Well its like if a cop pulls someone one over, and the driver hasn't been using drugs but they find that the passangers either have it on them or have been using them, they can take them all to jail..

    and so I'd say that theres no difference..

  4. You might have a good case. I don't know what the law is where you are but here a cop can not pull you over for not seeing you wearing a seatbelt. I would defanetly call a lawyer.  

  5.   You  should  get  your  self  a  lawyer  and  file  a  complaint.

  6. the law varies between different regions in the world. in my country there is no such thing as "public drunk". the police cannot "falsely pull you over" and they can only penalize you if they SEE you drinking alcohol in public. anyway, if you live in a democratic constitutional country this surely out of normal and you could file a complaint although i doubt you are going to solve anything.

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