The car was parked around the corner from his house. He was sleeping.
He worked since 5 a.m. He pulled over at 8:30 p.m. and fell asleep The officer rapped on his window a bit after 9 and woke him. The car motor was still running. It was hot so the car was left on so the AC could stay on; it was mid July.
The cops had him do some roadside tests, but the wind was blowing about 20 to 30 MPH, so it would be really difficult to do the walk and turn, and do the one-leg stand. Of course he failed. But when he took the portable breath-analyzer test, there was no indication of alcohol.
He told them he had not been drinking.
He consented to a search of the vehicle (which I NEVER recommend); there was an EMPTY spice (synthetic marijuana) container in the windshield. Under the passenger seat was a small amount of spice (less than 1 gram). He consented to take the blood test. It was negative for alcohol, marijuana and synthetic drugs. But he is on parole out of Mississippi; he went to prison there and then transferred his parole to Nevada.
He spent 28 days in jail because he was on a parole hold. He asked for his violation hearing; they talked to his parole officer (P.O.) in Mississippi who was waiting for the material; the NV cops went on vacation and never sent the material. After a week, the Mississippi P.O. was still asking for the materials. The defense lawyer waived the hearing and finally sent the police reports and the materials to the Mississippi P.O. who said, “I am not going to violate him, because spice is not illegal. Let him go!”
He is feeling pretty good. The lawyer asks, “Are you going to dismiss the DUI?”
The city attorney told him to plead to the DUI. The lawyer then said, “Are you kidding? You are going to pursue the DUI? With negative blood results on everything, including synthetics?” The city attorney said that is a trial issue.
So how can you convict someone that wasn’t drinking, had no alcohol, no drugs and no synthetic drugs (although they aren’t even illegal) in his system? Don’t they have better things to do?