Charged with DUI After Blowing 0.00 and Accused of Hit and Run

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It was around 9AM on Friday November 16th and I was on my way to my mothers to make her and my step dad breakfast. It was a beautiful day and there wasn’t any traffic to speak of, so I wasn’t in a hurry. About half way to my mothers house a dog ran out into the road and I swerved to miss him/her and went into a homeowner’s front yard. The dog ran off and I backed out of the yard trying not to spin my tires. I parked on the street and started to walk up to the house so I could apologize and offer to pay for any damages. (The damages were minimal at most). Unfortunately the person who lived there was not home, so I headed to the car so I could write a note with my name and number on it. That is when I noticed a van was coming towards me with the driver just staring at me. I was already the victim of an armed robbery once in my life, so I was very cautious of this person. I waved and the person never even acknowledged me. I decided I would head to my mothers and call the police and head back to the house with a police escort. I started to pull away and headed down the road. I had about 2 miles to go until I get to my moms. I noticed the van is following me and I got really nervous, so I sped up a little. I am not sure how fast I was actually going, but it was apparent the van was chasing me.

I got to my mom’s house and the van stopped one house away. I ran inside and told my mom to call 911 because of some crazy chasing me. I quickly explained the dog and the yard; before my mom could call the police there were at least five cop cars in the driveway. I went outside to greet them and commented on how we were just getting ready to call them. The officer told me that the person in the van, who was still sitting a house down from my mom’s house, had called 911 stating that I was driving all over the place. I explained the dog in the road and stated that maybe the van driver didn’t see it, so I guess it could look pretty unusual.

The cop said that the van said they were following me for miles and I was all over the road. I didn’t say anything but I only live about three miles, if that, from my mom’s house. The officer asked me if I had been drinking and I sort of laughed at him. He inquired why this was funny and said it was a very serious matter. I informed the cop that I hadn’t had a drink in seven years and I am active in a 12 step program. He still did not believe me, so he asked if I would take a breathalyzer. I complied and blew a 0.00. This did not make the cop happy at all. He started pointing out dents in my rear bumper and asked how long they had been there. He also said it looked as if there might have been some paint in the dent. I explained that if he looked a little more closely, it was just the black film coming off my Nissan so there was some white showing through. Not satisfied, he asked if I had anyone that could verify that the dent had been there since before that day. My mother was watching through the window and hadn’t come outside due having a bone marrow transplant in a last effort to save her life from terminal bone cancer. I told the officer that my mother could vouch for me and I turned to get her attention. Mind you, me and the officer are standing on the front porch so I simply turned around and hit the doorbell.

At this point the officer attacked me from behind and slammed me against the brick wall of the porch. I twisted my body after he went to hit me up against the wall again because a couple years ago I had to have a rib removed and I have 4 ribs that were so broken that they still are not all the way healed. At this time my mother ran out, yelling for the officers to, “let him the fuck go if you know what is good for you.” She explained my back situation while I was on my knees trying to breathe really shallowly because I could feel one of my ribs crack, again. The officer stepped back and stated that he was afraid I was going to try and run. At this point I was no longer polite. I asked him, “Where would I run? Into the driveway with what was now at least eight cop cars?”

I saw my step dad come out and I noticed that he had tears in his eyes. I told him it was going to be okay but he starts in on the officer. See, my step dad is a holocaust survivor and was in hiding for three years, constantly being beaten by Nazi’s. My step dad told him of some of the horrors that he witnessed during the war and when the cop attacked me, he said, it looked exactly the same. My step dad suggested he get a Nazi uniform so at least people will know what kind of “shit” they will be dealing with.

I got my mom and step dad inside and they were watching from the open windows listening to everything that was being said. The officer now asked me if I am on medication for my back. I said yes but that I hadn’t taken it yet that day and it was actually in my car. I went to get it and the officer stated that he would get it. I advised him that I objected to him going in my car and, of course, he went into my car and got my medications out. I take two different medications. My doctor has cleared me to drive on both of these medications because of the low dose I now take. The cop asked if would be willing to have blood drawn. Figuring he was going to have a EMT do it, I said yes. He handcuffs me and puts me in the back of the cop car.

Notice that I have not mentioned that the officer read me my Miranda rights, or more importantly that I had the right to remain silent. Also, he had not placed me under arrest. He stated the cuffs were for “my safety.” We got about a block from the jail and I asked the officer why he had not informed me that I was under arrest, because I was going downtown to get this all cleared up. I could hear him on the radio calling in my name and what I was arrested for. I asked him to please give me one of each of my pills, because he wouldn’t let me take them before I left the house and he promised I could take them once I got downtown. One of the medications I take is for PTSD. If you stop taking it abruptly, the patient can have seizures. I kn0w this first hand because it happened to me when I forgot to take them with me on a weekend trip.

We got to the room where they were going to take my blood and I didn’t feel comfortable with the other vials of blood laying around and the overall unsanitary condition of the work area. I tried to refuse, but a bigger-than-average CO told me I could willingly give it or he would choke my white ass and take it from me. They got the blood.

I requested to see medical because I was starting to getting anxious about everything that is going on but I was refused medical attention. Another CO told me I am worse than the “n*ggers” complaining all the time about some bullshit ailment. I was put in a cell with two other men that seemed nice enough, so I tried to settle down. I used the phone on the wall to call mom and she informed me that they have retained a lawyer and he is calling the jail and some politicians he knows about the way I was treated before being arrested. A couple hours later I begged the CO to please get medical and the next thing I knew, I was on the floor and one of the inmates was holding my head so I didn’t hit it on the concrete floor. Thank God for him. I am not sure if it was a seizure or a bad panic attack. I was still refused medical attention. After a couple hours I was moved to the cell where they start letting people out. After about four hours in that cell I was free to go and I collected my property. The first thing that I noticed is that my bottle of pills looked mighty empty for just being filled. I ask the co to count them with me and he advises me to get out of the building or get locked back up. I was right about the pills. Out of 90 pills there were 14 left. I hope whoever stole them OD’s on them.

How did I spend the whole day in jail on DUI charges after blowing a 0.00 and giving blood which I know for a fact is okay? That is unless the CO’s tainted it. I am now afraid to drive anywhere because I could be pulled over and arrested for any reason that an officer above the law deems fit. My anxiety is much worse and I can’t sleep. I read up on the laws here in Sacramento and what kind of police force our tax dollars are paying to supposedly protect us. It turns out that Sacramento has a horrible record of corruption and falsifying reports. Recently, 74 DUI’s were thrown out due to the arresting officers creating bogus reports and BAC readings.

I have an attorney that is going to fight the DUI and the “hit and run” to the front yard. After that trial is over, if it does go to trial, I am going to file a civil suit against the arresting officer and the staff of the Sacramento County Jail, along with the person in the van. I am very familiar with citizens arrest and what is allowed and not allowed, and that person was nowhere near in compliance. I am happy that some of my family was there to witness what happened because they never would have believed me. I am not the best writer and I am sure the whole written account is one long, run-on sentence, but I think you get the point. I have spoken to my doctor and he stated he will be happy to help however he can by letting the court know that I am clear to drive even if I took one of the pills 5 minutes before getting into the car. I really feel like I should wake up from this bad dream, yet that doesn’t seem to be the case. I learned a lot by researching and reading Cop Block. If I get pulled again the cop better have a masters in traffic laws in the state of California. For the first time in my life, I am truly scared about the future of our country. Thanks for reading and letting me get this out there. Know your rights and exercise them whenever possible!

The above photo shows bruises from the arresting officer, Matthew McPhail.
Find Matthew McPhail on Facebook: https://www.facebook.com/matthew.mcphail.10

Charged with DUI After Blowing 0.00 and Accused of Hit and Run is a post from Cop Block – Badges Don’t Grant Extra Rights

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