Wednesday, May 5, 2010

Depends on what you mean by resisting

I went to meet with my lawyer today. Not only was I charged with DUI, and "refusal," but I was also charged with resisting arrest. The DUI charge is due to the fact that I was, well, driving under the influence of alcohol. (As it turns out, my blood alcohol content was .19--yes my friends, that is more than twice the legal limit). The refusal charge is because I refused a chemical test. That is to say, I not only refused the breathalizer when I was pulled over, but after the nice men took me to the police station, I kind of wouldn't give them any blood either. They had to sort of pin me down. Not my finest hour.

The resisting arrest charge I'm a little unsure of. My lawyer is trying to get the DA to drop the charge, and suggested I get some letters of support from friends, colleagues, etc. My AA sponsor wrote one, affirming that I have been sober since my arrest. The kids' dad wrote an extremely generous and heartfelt letter for leniency as well. I am truly humbled by his kindness.

At any rate, today was the first day I actually read the police report. Good God. My guess is that they settled on the charge of resisting arrest because there isn't a charge of being an enormous drunken pain in the ass to law enforcement.

I mocked the police officer. I remember this. I don't remember accusing him of threatening me with his baton (which apparently was a flashlight), or telling him I didn't have to step away from the vehicle when he ordered me to do so. I don't remember running over to the bushes at the side of the road to pee, mid-field sobriety test. I remember wriggling out of the handcuffs and waving at him from the backseat of the cruiser. I don't remember screaming quite as much as is reported, but really, I was in no condition to remember. I don't remember saying I wanted a lawyer before they took the blood test (This is almost the most embarrassing part--I AM a lawyer, after all. I know a lawyer is not necessary at the testing portion of this scenario). I do remember another cop threatening to taze me if I moved off the bench, but in my defense, I really had to pee (again--c'mon people, if you had a BAC of .19, you'd have to pee a lot, too!). I remember about four different officers pinning me down to take my blood. I think that was the first time that night I realized this was serious business.

So we'll see. We'll see if they drop that resisting arrest charge. In the meantime, I wrote a letter, too. To the cop. Apologizing. And thanking him. He saved my life in more ways than one.

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