My question involves a traffic ticket from the state of: Alabama. I was approaching a traffic light when I noticed a police officer following closely behind me. The traffic light then changed from green to yellow and I decided the appropriate thing to do would be to stop, especially considering the fact that I had a police officer behind me. I came to a complete stop at the light and the officer swerved into the left lane and turned on his blue lights. I was given a reckless driving ticket and I was given a dui under 21. I had recently used mouthwash because I was 3 minutes from my home and wanted to get the smell of cigarettes off of my breath and had gum in my mouth while I used the mouthwash. The mouthwash was in the passenger floorboard when I was being arrested but I am unsure that their is any evidence or proof that the mouthwash was in the vehicle. I had a friend in the vehicle who had brought some beer along for our trip home from college for the weekend and he took all credit for the beer. I failed the breathalyzers, but I am not sure by how much. Like I said, I had recently used mouthwash. I was given a breathalyzer before being asked to perform a field sobriety test that i am fairly confident i passed. I was still arrested for dui under 21 and reckless driving. I also had the same gum in my mouth all the way through booking at the city jail. Immediately after spitting the gum out in the jail, I was asked to blow into the big breath machine 2 times in a row. Both times the results came back as error and the results had to be sent to forensics. The cop says he pulled me over because I almost caused him to wreck. I personally know someone that was given a citation for running a red light when he decided to go through the yellow light in the same city and thought I was doing the right thing by stopping. I have researched alabama law and the following distance is suppose to be 20 feet for every 10 mph. I feel that this was a totally illegal stop in the first place because I did not violate any laws by stopping at a traffic light and if I did almost cause the cop to wreck, he was either distracted or not following me at the appropriate distance? I really need help on the issue and the dui. I feel it was totally illegal to stop me in the first place and I also feel improper procedure was followed by the police. From what I have read I believe they were suppose to observe me for 20 minutes to see if I appeared to be drinking after i said I had not before performing any test on me. I have also read that all foreign objects are supposed to be removed from the mouth for at least 20 minutes before any breath test are done, "gum in my mouth". I was also never read my Miranda rights. On my citations it has the wrong street I was pulled over on and wrong owner of the vehicle along with a couple other errors. I was just on my way home from college trying to go visit my father and was arrested not even 5 minutes from arriving at my house. Please help with information on whether or not this was a legal traffic stop and if any evidence of my dui is invalid. I feel that I would have been pulled over whether i went through the light or stopped at the light. But I always thought stopping was the right thing to do.
Reckless Driving: Illegal Police Stop, Reckless Driving, DUI
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