How do you handle police at the front door?

[glenmoor_guard]

Cops at Door/Driving

Thanks to all for your input.

I was at home when the cop talked to me. I don't think there is much he could do as long as I wasn't obviously intoxicated other than to warn me that I was seen.

Interestingly, he was told that I might have been a vision impaired individual still driving. The concerned citizen who called in on me must have confused my walking stick for a vision cane even though my walking stick has no red color band or a curb finding tip.

I think I will get a letter from my neuro.

Thanks again, Glenn

[wkikta]

The letter from your Neuro can have no benefit, just like with the TSA and medications. Being very polite and courteous is the very best thing you can do, they do have to err on the safety side in all dealings with possible intoxication of drivers. Never refuse any test they want, a good Lawyer can beat any machine, hopefully it won't get that far.

If the officer believes that even though you are not under the influence, you may not be safe to drive, they will usually let you park safely and call for a ride. They may even give you a ride, usually a small town thing.

The cane is an extremely good thing to have, dispels many problems with dealing with people.

[wkikta]

And, the ADA thing, it doesn't apply in any case involving drive a motor vehicle. If you throw that out it may just make it worse.

[LaDeeDa]

I agree with Redwings: "Unsafe driving is still unsafe driving no matter what caused it."

I can be pretty wobbly myself at times, so I understand the dilemma. However, on those days that I'm loopy, cog-fogged, and wobbly? I definitely stay out of the car and off the streets. That's only reasonable - and responsible.

[onlyairfare]

Wow, there is a lot of judging here.

I am sure that I am not the only MS patient who has a slight foot drop on one leg that gets worse when I walk long distances, causing me to trip. But if I rest a few minutes, it's fine again. And it certainly doesn't imply that I am drunk or impair my driving.

Many people who have no impairment walk with a cane - my husband likes to use mine (which is mainly decorative, but I have it just in case for occasional bad days) when walking the dog. And he is an able-bodied triathlete.

I certainly agree that if we are truly impaired we should not be driving, but because one uses a cane occasionally, or stumbles with a foot drop, we are to be reported, arrested, hauled in, and then pay hundreds of dollars to retrieve our car from impound? That seems extreme.

I suppose wkikta is correct, it's like the TSA and medications. One is guilty until proven innocent.

One solution could be to file a small claims suit for damages, such as the impound/retrieval cost, and for the lost time involved in getting your car back. I think that would be a sound case if one provided one's Handicap Placard, MS ID card, and doctor's note, but the arresting officer chose to ignore all those despite a negative breathalyzer.

Glenn, I wonder if the person who reported you was visually impaired?! They could not tell the difference between your regular cane, and a blind person's cane.

[drgnlny]

First, I'm sorry you had to have that visit! It must have been startling to open the door to a cop - and then to have your
sobriety questioned!

I know for a fact I look like I'm a little tipsy sometimes when I walk - or weave - my way around some days.

Not that this applies to your specific situation but reading everyone's posts and thinking about my own situation - days when I'm very unstable, have heavy brain fog, vision is extra blurry, etc. - and the post about unsafe driving being unsafe even if it's not alcohol related is a valid point. There have been days when I know I shouldn't be driving - and I don't. I will get someone to help me if I need to be somewhere or in cases when I need help getting my daughter from school.

There have been other times when I was out and about and started heading downhill physically and was kind of stuck - and I drove from wherever I was to my home. But even then, I think maybe I shouldn't have. I know there have been times when I've been driving and really struggling and it's affected my ability - whether I want to admit it or not.

I'm curious - since this point was raised - how DO other handle this? When you know you aren't really able to 'safely' drive - do you avoid it? Or do you take the chance?

I've done both - I admit it. I've driven when I most likely should not have - especially thinking about it from the point that was made. And then there's been times - many more recently - where I knew I should not be behind the wheel and said so.

I know this is kind of a touchy subject because it can walk like of sounding judgemental - and I don't want to go down that road at all. That's not what this is about. My first thought when I read the one post was that of it seeming judgemental but then I realized there were valid points and applied them to myself and my own experiences. So I'm curious what others do in situations like that. Do others realize when they aren't necessarily in a condition to safely be driving?

Again - I'm not saying just because someone walks wobbly or appears intoxicated that they can't or shouldn't be driving or that this specific situation was that at all.

[NeuroNixed Craig]

I spent many years in law enforcement and recognize the unique situation and circumstances we all must deal with when driving. In the case listed above, DUI/DWI is irrelevant as you must be observed by the officer in the driver's seat and the engine running at a minimum. Coming to your home based on the above information does not just probable cause for arrest for DUI/DWI.

First, I know of no state with a law requiring walking a straight line alone to drive. Secondly, should one ever be approached by a duly identified police officer, show the utmost respect to them and for their position, without challenge.

Listen to what they have to say, answer all questions honestly and use sir or mam peppered with their name. You will notice ALL officers in uniform will have a name plate on their uniforms. If they are not in uniform, politely request to see their identification and look at it in detail very closely.

At the proper time explain your disease and the resulting symptoms, including why you should not be expected to pass a physical walking sobriety test. I would highly recommend keeping a health identification card like from Medic-Alert with the information to support you explanation.

Finally, be fully aware should you be taking "ANY" medication that "MAY" affect your ability to drive safely, may be construed as driving while under the influence, which is included with alcohol in the elements of the law.

All of the above is dependent on the specific elements and definition of DWI or DUI in your state. In the worse case scenario, allow the police officer to do his job based on his discretion, going through the "process," presenting whatever supportive evidence when and if it becomes necessary to a Magistrate or Judge.

I hope this provides a good explanation of how to handle this type of situation resulting in a positive outcome.