Officer lied about smell of beer in car
 

So, pulled over for speeding on my way to work.
Pulled to the side before the lights even came on.
That's besides the point, i know i was speeding and not gonna argue the ticket.

Had anything to drink today?
"No, I don't drink"

Officer somehow "smells beer in the car" after i tell him i don't drink.

Again, I don't drink, there has never been open alcohol in this car, and i'm on my way to work, which i had told the officer politely.

I know damn well the car doesn't smell like beer.

Says hell be right back, i assume he's going to write up the ticket, comes back with a breathalyzer, at this point i'm like are you serious right now.

So i tell him it's gonna say 0, sure enough, 0....

His demeanor changes completely as he realizes hes in the wrong, walks back to car to write up the ticket.

Comes back trying to convince me he's doing me a favor by giving me a normal speeding ticket when it wouldn't have been excessive anyway.

Are officers seriously allowed to blatantly lie about stuff like this?
Makes me want to file a complaint...

He didn't lie about anything.. you did a roadside breath test and passed.

In Japan they don't even accuse you. You go through a roadblock, and just about every person who drives through it does a quick breath test.

You probably just smell like yeast... might want to get that checked out :troll:

then go file a complaint,
LOL no one gives a fuck

So wtf did he lied about??? :fulloffuck:

1) You were speeding.
2) He pulled you over, and also suspicious that you were drinking.
3) You have successfully proven yourself you didn't drink.
4) He writes you the ticket for your original speeding portion.

Where the fuck did he lied????

:suspicious: Just a thought...

Of the thousands of drivers I have checked for consumption, very few who had been drinking admitted they had, and those that did, lied about how much. I did stop one guy who did tell me "Cst ,I'm s**tfaced and I have no idea how much I drank". He was telling the truth as the breathalyzer later showed. A few who said that had not, truthfully had not. Now you know why Cops don't believe people.

Be happy he didn't make you stand on the side of the road doing a roadside sobriety test for half an hour...

You owe me a new keyboard because I just spat my coffee all over my computer LOL at this ^^

I'm aware of that, I just don't understand why he would make up his reasonable suspicion for a breathalyzer test. I didn't think speeding was enough.

I don't understand why people think that a police officer is going to waste his time breathalyzing someone unless A: they do feel that the person may be impaired or B: you were a right cunt to them and they've specifically decided to waste your time.

So if as you claim you were polite to the officer and based on what you said that after receiving zero result from the breathalyzer the officer's demeanor changed then that leads me to believe that he was surprised to discover that you had not been drinking and that he must have had his valid suspicions to have breathalyzed you in the first place. I feel strongly that there must have been an odour that piqued his interest when he came up to your car. If you already were pulled over like you said, and had your window down when he approached the vehicle then I would say there is a good chance that something outside of your car had a bit of a smell to it and could have been misinterpreted to have come from your vehicle.

Like I said at the start, and in most threads that I post in here: police officers are not out to ruin your day intentionally and almost always have a valid reason for doing whatever is being complained about here. By chance do you have air fresheners in your vehicle or were chewing gum at the time?

Ah yes...the pine tree air fresheners.....better known by the Police name.."Felony Forest". :toot:

If he was making up suspicion, then why would his demeanor change when you blew a zero? If he knew you weren't drinking and just wanted you to blow into the ASD, then it should not have surprised him that you passed. The fact that he was surprised as the 0 reading, means he actually smelled or had suspicion you had something to drink. Right?

I imagine your ticket was for 138? Even if you were not going 41+ the legal limit, you can still get a ticket for 196 for traveling 21-40 over the limit.

Lastly, if the cop wanted to "lie" he would have written you up for a 90 day IRP, or a 24 our suspension. To say he was lying because he had his own reasons for the suspicion is a bit far fetched.

The amount of blackout drunk drivers I see on the road on any given weekend night I actually welcome being pulled into a checkstop or a cop pulling out a breathalyzer if he's suspicious.

until the cop decides this DUI stop is a VI opportunity

:concentrate:

but yes ive been through many road blocks without trouble. ask if i have been drinking, i say no and im on my way

Back when I could drive I used to have about 30 of those buggers hanging lol!!

Tell him to get his nose checked (or in this case, re-certification of the ASD training) by filing a complaint. Giving a smaller ticket is irrelevant to the topic at hand since it is under the discretion of the officer anyways.

Rule #1 for any police officer - everyone lies (perhaps even the OP)

It's spring/summer, it's hot, there's fermenting stuff everywhere that could smell like alcohol when you get pulled over.

Seems like cop is just making sure the roads are safe. It's not like he made you take a rectal exam, holy fuck you blew in to a tube. . Big deal. Move on

RS really needs a "post of the week" feature, SP's would win hands-down.

Similar thing happened to me

Stopped at a road block with a smoke in my hand, officer thought I was drinking and was covering up the smell with smoke.

Gave him my license, took a quick look and asked why I wasn't wearing my corrective lenses.

Told him I was wearing contact lenses. He said my eyes looked glassy and that it was an indication of heavy drinking... told him he's seeing the surface of my contacts, not my eyes...

Pulled me aside for a breathalyzer and I blew a big fat 0.

Officer throws my license back at me and told me to get lost...

Oh well, whatever... not gonna bitch about it, makes a good story to tell.

they make it up because if you do have alcohol then they can justify their lie because you were in fact intoxicated.

if you blew zero then there is little incentive for you to sue or complain and probably nobody does.

basically he lied about having reasonable and probable grounds. this is illegal and it shouldnt happen. but nobody cares about having their civil liberties infringed upon so nobody does anything. i personally think you should complain and you should contact the BC Civil Liberties Association | Equality. Liberty. Freedom. Justice.

And how exactly are you going to prove that he lied? He may or may not have smelled beer. Who the fuck knows? What does it even matter?? What a waste of time. I don't think cops choose their careers solely to be assholes and get everyone in as much trouble as possible. People need to get their heads out of their asses

My grandfather smoked his whole life. I was about 10 years old when my mother said to him, 'If you ever want to see your grandchildren graduate, you have to stop immediately.'. Tears welled up in his eyes when he realized what exactly was at stake. He gave it up immediately. Three years later he died of lung cancer. It was really sad and destroyed me. My mother said to me- 'Don't ever smoke. Please don't put your family through what your grandfather put us through." I agreed. At 29, I have never touched a cigarette. I must say, I feel a very slight sense of regret for never having done it, because your post gave me cancer anyway.

if smell the smell of "beer" is so vague then maybe it shouldnt be considered reasonable grounds.

i dont think police are assholes, but police have a lot of discretionary power and they should be using their powers only when needed and with justification.

if op feels like his rights were violated then he has every right to complain about it, and he should.

The threshold for reading the asd demand, as set out in law and the courts, is reasonable suspicion. The police only have to suspect that the person has consumed alcohol.