Advocacy & Safety - BUI Davis,CA - Watch the story unfold

For those of you that don't know, BUI is bicycling under the influence. A little background on the events that lead me to post this. One night after work I road my bike to a bar and had a beer with friends after work and some bar snacks. Was there from 8pm till 10pm. Then I rode 2 miles back home. At about 11pm I decided to take the bike to Burger King to grab some food as the snacks from earlier were not enough. On the way home I went from the street to the sidewalk as I was getting close to my apartment. Being a dark area and my bike light isn't that strong, I hit the curb. CRASH and BURN... ouch :) My cell phone had apparently fallen off and someone found it and called the police. There was blood at the scene so the Police came by SEVERAL HOURS LATER to make sure I was ok. They got my address from calling my Dad. They found that in my cell phone directory. So the police and firemen show up, and the cop asks me to take a breathlizer(sp). "No problem I say"... I'd been home home for several hours and had had some drinks. I score a 0.15 on the breath machine...I'm not surprised. They leave. No arrest, no ticket, nothing issued. 2 weeks later I get a nice letter from the DA that they want to press charges under the california vehicle code 21200.5 cvc. Will be seeing my lawyer tomorrow cuz I don't think they have a chance in hell to prove this.

Feel free to ask me any questions and I will keep you updated on how all this turns out. Sorry if it was a little winded :)

That was not winded. Assuming your story is true, you didn't do anything wrong. You're innocent until they prove you guilty. Get vocal. Unless they have a witness and can prove you have a history of unsuccessfull bike rides while drinking, then you're okay.
It costs money to defend yourself. That is something no one cares about on the other side of the law. From all the resources you might have there, the law students should be a great help. Fight the good fight. Keep posting.

I go to court on in a week for bogus charges stemming from a bike ride. (no alcohol involved but similar abuse of powers. Trumped up charges after the fact.) Would you be so kind as to let me know of any other sites that you find helpful for this subject?

Why did the person who found the phone call the police? Did you tell them you were trashed while biking? Has Burger King been asked to verify your state of intoxification? You'd do well to find out. File a complaint after your cleared, by the way. I was jailed for being vocal.

Yeah, there's no way that will stand up in court, especially if you might have been drinking in the hours between your minor crash and the arrival of the authorities. Oh, and they didn't actually witness you on your bike. That might be a problem.

Thanks for the response to my post... I'm still online so I will answer your Q's:

Q: Unless they have a witness and can prove you have a history of unsuccessfull bike rides while drinking, then you're okay.

A: They have nothing there.

Q: Would you be so kind as to let me know of any other sites that you find helpful for this subject?

A: I used google and searched all the california DMV codes for a BUI. Then I typed in anything I could think of into google i.e. BUI, bicycling with intoxicated, DMV CA, DUI, etc.

Q: Why did the person who found the phone call the police?

A: I guess they saw me 1. fall and wanted to help or 2. just wanted my cell phone returned. Since the Police won't release their info, I don't know. If the case goes to court I will get the info and will post allthe documents on a website. I build websites so this will be good for others.

Q: Did you tell them you were trashed while biking?

A: No

Q: Has Burger King been asked to verify your state of intoxification? You'd do well to find out. File a complaint after your cleared, by the way. I was jailed for being vocal.

A: Not sure about Burger King. Weather I am cleared or not a formal complaint will be filed.

Q: Would you be so kind as to let me know of any other sites that you find helpful for this subject?

A: Not a whole lot on it... I would search google for your DMV rules first. After that just keep putting in whatever info you can into google and let google do the work for you.

I was not vocal because I had no reason to be. If the DA has any brains what-so-ever, he will throw this out. It's not worth his time with all the holes in this case.

Anyway, I hope this helped some. Will keep you and everyone updated as things happen. And keep us updated on you! Peace

Here is the fine organization that made this post possible

http://www.city.davis.ca.us/police/ <--- Davis California Police Department

You would have been much better off if you had mentioned that you had some drinks after getting back home and perhaps even refused the breath test. But hindsight is always 20/20.

The same laws that apply to driving apply to biking while under the influence. This is easy to check, just google on california vehicle code and use the index. The section on biking specifically includes the drunk driving sections (and explicitly excludes absolutly nothing).

After checking out the Davis CA. current police press releases it looks like they have bigger fish to fry then going after some cyclist that had a few beers and fell off his bike. What a waste of taxpayer's money! When all is said and done sue them for better street lighting. (They do have a nice website.)

Actually, I did mention the fact about drinking once I was at home. When they came in there was a beer bottle on the living room table! I accepted taking the breath test cuz I didn't think there was any laws for drinking in your house and having a BAC above .08!

Don't get me wrong. I have a lot of respect for police and the job they have. I just know they are wrong in this case.... and I think they do too. They are just hoping I will lay on my back and plead guilty. Not gonna happen.

Well said... This is the Davis Police in action --->>>After checking out the Davis CA. current police press releases it looks like they have bigger fish to fry then going after some cyclist that had a few beers and fell off his bike. What a waste of taxpayer's money! When all is said and done sue them for better street lighting. (They do have a nice website.)

Here's the prosecutor's problem: He/she has to prove beyond a reasonable doubt that you were intoxicated at the time you were riding your bicycle. Let's say that the crash scene is evidence that you were on your bike and had an accident. The prosecutor has to prove beyond a reasonable doubt that you were intoxicated at that time.

Now, you were admittedly above the legal threshhold-- hours later, in your own home. The prosecutor has a time gap-- the time between the accident and the test-- that must be accounted for. I.e., the prosecutor must prove beyond a reasonable doubt that your blood alcohol level was raised above the legal limit at the time you were riding, and that you didn't raise your blood alcohol level (i.e., you didn't drink) between the time you arrived home and the time you took the test.

And I don't think the prosecutor can do it.

If the prosecuter can do this, O.J. has found himself another lawyer.

2 weeks later I get a nice letter from the DA that they want to press charges under the california vehicle code 21200.5 cvc.



The same laws that apply to driving apply to biking while under the influence. This is easy to check, just google on california vehicle code and use the index. The section on biking specifically includes the drunk driving sections (and explicitly excludes absolutly nothing).
21200.5 is specific to BUI.



Riding Bicycle Under Influence of Alcohol or Drugs

21200.5. (http://www.dmv.ca.gov/pubs/vctop/d11/vc21200_5.htm) Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.

I love Davis CA's endorsement of highwheel bikes in their website logo.... check that out!

Thank you Helmet Head for the description of 21200.5 cvc. This is the California DMV vehicle code. Please check your state/country for their code, as they maybe different. Now this is just the DMV code. There is more to it. First, you will have a misdomeaner on your record --- that's not good and don't count on just a $250 fine. OMG... there are all kinds of other costs. That is why I have a lawyer who specializes in this. From what I have found out... no points go on your driving record. After this is all said and done, I will build a website to help people accused of BUI or BWI. Anyone can write to me at davisbikes@gmail.com

***Can anyone tell me how to post a pic? I clicked on the "insert a picture" icon and don't get it... thX

Davis is The Bicycle Capitol of the USA! We love our bikes!!!!

How do they even know the blood by your phone meant you had an accident on your bike? How do they know it's yours? How does anybody know you weren't just walking on the sidewalk, dropped your phone by some blood and went inside to have a beer?

Q: How do they even know the blood by your phone meant you had an accident on your bike?

A: Good question, I think someone might have seen the accident. That is why the firecrew showed up at my house I guess.

Q: How do they know it's yours?

A: They know the phone was mine cuz they looked in my phone directory and saw "DAD". They called my dad and he gave them my address.

Q: How does anybody know you weren't just walking on the sidewalk, dropped your phone by some blood and went inside to have a beer?

A: Cuz that doesn't make sense.

you'd think the bicycle capital of the USA would have bars with no parking lots and exemptions from this foolish 21200.5 regulation!

Seriously, that blows. What's up with the pigs, did you break their doughnut machine when you crashed your bike?

You know there are things I would like to say... and I will once I'm found innocent or guilty. It's sad I even have to post a thread like this. I just want to thank you and everyone for your questions and insite! Everything that is written here is helping good folks in the same cituation as me... I can tell by the number of reads.... There are a lot of folks that need your input on this issue. Please provide them with any info you have. Make sure it is based on fact and not something you heard form a friend of a friend.

Peace


you'd think the bicycle capital of the USA would have bars with no parking lots and exemptions from this foolish 21200.5 regulation!

Seriously, that blows. What's up with the pigs, did you break their doughnut machine when you crashed your bike?

Something smells http://www.aquariumfish.net/images_01/gourami_neon_blue_female.jpgy

Even if someone saw him fall and used his phone to call the police, that person can't state whether he was drunk. If he was dizzy from a fall, it could look as if he was drunk, but can't be proven that he was.

Anyone can fall off their bike, leave whatever blood they want at the scene, then go home and have a few to numb the pain. Unless you were found on the bike while under the influence, I find this hard for them to prove.

You are in serious trouble.

DUI is a crime that is hard to prove. The physical evidence, alcohol in your blood, is ephemeral. So most DUI cases rely to some extent on circumstantial evidence. It is also a crime that has deadly repercussions, and police and prosecutors -- and judges -- are very sensitive to the appearance that they are not diligent about pursuing it. Many people who have drinking problems are otherwise successful, and the consequences of a conviction are severe, so these cases are often defended by accomplished defense attorneys. So you have stumbled into an arena where the prosecutors are used to bringing cases with skimpy physical evidence and circumstantial evidence against skilled defenders. Without a good defense attorney you are toast.

Because it is a difficult crime to prove, there is a bureaucratic apparatus to heap additional punishment upon those who are charged with the crime but not convicted, under the assumption that most people who get off get off on technicalities. For example, around here if you are charged with DUI the DMV treats it like a conviction unless you are actually acquitted -- if the charge is dismissed or reduced you still face a license suspension, and there is no mechanism for appeal. Expect a nice letter from your insurance company, and if you have a career where substance abuse is a problem expect trouble with that as well.

So you need to hire a good lawyer. Get one with experience with DUI cases, who can help you with the DMV, your insurance company, and the other aspects. Unfortunately, this will be expensive, so even if you win, you lose.

Something does smell!!! But it doesn't smell fishy.

You are in serious trouble.

DUI is a crime that is hard to prove. The physical evidence, alcohol in your blood, is ephemeral. So most DUI cases rely to some extent on circumstantial evidence. It is also a crime that has deadly repercussions, and police and prosecutors -- and judges -- are very sensitive to the appearance that they are not diligent about pursuing it. Many people who have drinking problems are otherwise successful, and the consequences of a conviction are severe, so these cases are often defended by accomplished defense attorneys. So you have stumbled into an arena where the prosecutors are used to bringing cases with skimpy physical evidence and circumstantial evidence against skilled defenders. Without a good defense attorney you are toast.

Because it is a difficult crime to prove, there is a bureaucratic apparatus to heap additional punishment upon those who are charged with the crime but not convicted, under the assumption that most people who get off get off on technicalities. For example, around here if you are charged with DUI the DMV treats it like a conviction unless you are actually acquitted -- if the charge is dismissed or reduced you still face a license suspension, and there is no mechanism for appeal. Expect a nice letter from your insurance company, and if you have a career where substance abuse is a problem expect trouble with that as well.

So you need to hire a good lawyer. Get one with experience with DUI cases, who can help you with the DMV, your insurance company, and the other aspects. Unfortunately, this will be expensive, so even if you win, you lose.


I have to agree. One of the worst miscarriages of justice I've ever seen happened to a friend of mine. Not to get into the whole story, but he drove a car, off road, while he was over the legal limit, in order to get to a phone to call for rescue service when a buddy of his had drowned. And though the guy was pulled from the water, he was not breathing. Police showed up almost immediately to where the 911 call was made from, but would not go to the area were his friend was until he first admitted to having been drinking and then submitted to a field sobriety test and a breathalyzer, and then being taken in to custody. During all this, EMS showed up, but the cop refused to let them go on until he was finished. After the cop finished (about a half hour) they proceeded to the the site of the drowning and, of course, the guy was dead and unable to be resuscitated.

Once the DA got all the info as to what had happened he dismissed the case. The California DMV still suspened my friends liscense and put on a DUI on his record, even though he was never charged and everything was dismissed. To make a long story short, even if you totally get off from the legal system the DMV will likely still nail you and there is nothing you can do about it.

Good luck.

Why in the world would you submit to a breath test when you were at home? Why would you admit or tell the police ANYTHING? It seems from your story that no one witnessed you riding a bike.

I have to agree. One of the worst miscarriages of justice I've ever seen happened to a friend of mine. Not to get into the whole story, but he drove a car, off road, while he was over the legal limit, in order to get to a phone to call for rescue service when a buddy of his had drowned. And though the guy was pulled from the water, he was not breathing. Police showed up almost immediately to where the 911 call was made from, but would not go to the area were his friend was until he first admitted to having been drinking and then submitted to a field sobriety test and a breathalyzer, and then being taken in to custody. During all this, EMS showed up, but the cop refused to let them go on until he was finished. After the cop finished (about a half hour) they proceeded to the the site of the drowning and, of course, the guy was dead and unable to be resuscitated.

Once the DA got all the info as to what had happened he dismissed the case. The California DMV still suspened my friends liscense and put on a DUI on his record, even though he was never charged and everything was dismissed. To make a long story short, even if you totally get off from the legal system the DMV will likely still nail you and there is nothing you can do about it.

Good luck.

Thanks... saw my lawyer today and all looks good... will fill you and everyone tonight about 9PM PST.

Why in the world would you submit to a breath test when you were at home? Why would you admit or tell the police ANYTHING? It seems from your story that no one witnessed you riding a bike.

Do you get the idea that there's something not right in this story?

Do you get the idea that there's something not right in this story?

I wouldn't read to much in to it, I've lived in Davis for about ten years now, and this is not something I find hard to believe coming from the Davis PD. This is the same police department that once ticketed a woman for snoring too loudly (noise complaint from a neighbor).

Something smells http://www.aquariumfish.net/images_01/gourami_neon_blue_female.jpgy

Something smells gourami-y?

Fishy.

Q: Why in the world would you submit to a breath test when you were at home?

A: Cuz they didn't come by for almost 2 hours after I came home. I was drinking at home and had nothing to hide.

Q: Why would you admit or tell the police ANYTHING? It seems from your story that no one witnessed you riding a bike.

A: I had no problem with telling them the truth.

Q. from expatriate: Do you get the idea that there's something not right in this story?

A: Ohhhh there is something very "not right"... that is why I'm going to court and spending a lot of money for an attorney.

***UPDATE***
Hi everyone. Today I spoke with my lawyer and here is the update I promised you. I went over everything with him today and he believes as I do, there isn't much of a case... sorry expatrate ;) Now I could still lose but I know I'm right and I believe this is worth fighting for (maybe that's part of being an American). Anyway, my lawyer will go to court for me next week for the arraignment. He hopes to see the DA and explain to him that there is no case. My lawyer may or may not see him there. Then after that there might be a pretrial. At the pretrial my lawyer will have an opportunity to put his 2 cents in. I may or may not be present for this. If an agreement can not be reached with the DA we will go to court. My Lawyer says the DA will lots of times go this far and at the last second throw the case out if it doesn't hold water. And as you all can see it doesn't. So from this point until the middle of next week I won't have any updates for you. Today I had to go to the police department and have myself booked. Not a big deal... finger prints and a picture. Then I left. The officer there was very professional.

As I said before... I will create a web page when this is over and show all the documents on it. This is a great learning experience for me and I hope for others. Guess that's it. Thanks for making this post informative. I will monitor it every day and put in my 2 cents if I can and answer your questions... ThX

I don't know why you automatically assume I'm doubting you. I think the whole thing sounds fishy. I can't offer any other opinion without all the facts. And I don't get your comment about being an American either.

this thread makes me want to go punch some cops in the face.

***UPDATE***
Today I had to go to the police department and have myself booked. Not a big deal... finger prints and a picture. Then I left. The officer there was very professional.



It might be a big deal in the future if you need a security check for something, or you're filling out a job application. You've now been arrested. Hopefully, an explanation would suffice.

I don't know why you automatically assume I'm doubting you. I think the whole thing sounds fishy. I can't offer any other opinion without all the facts. And I don't get your comment about being an American either.

A: I didn't "automatically" assume it ;) The whole thing is... FISHY! I can only give the facts as I know them. The Police won't release what info they have to my lawyer/me unless the DA decides to go ahead with this. I'll fill you and everyone else in when I have that info... if it comes to that. This POST is not about me being proven innocent or guilty (well maybe a little :) ). This POST is to let everyone see how the judical system works in California for a BUI. I could personally care a less what any one individual thinks about me here. This is an educational experience I want folks to experience as it happens. And I am doing this because I found very little on the NET when I searched GOOGLE on BUI's. Now there is a POST where ppl will get a lot of good info, I hope.

And the part about being an American you probably wouldn't understand and it's not important anyway. Enjoy the post as it continues and continue to present useful "information and facts" as I have, to help folks in my situation. ThX

And the part about being an American you probably wouldn't understand and it's not important anyway.

Please explain.

***UPDATE***
Today I had to go to the police department and have myself booked. Not a big deal... finger prints and a picture. Then I left. The officer there was very professional.



It might be a big deal in the future if you need a security check for something, or you're filling out a job application. You've now been arrested. Hopefully, an explanation would suffice.

Davisbikes: You are correct about that.... but no I was never ARRESTED...I went to the police station 38 days after the inncodent for prints and a photo. But a misdomeaner doesn't look good on your record,,, that is for sure. I am semi retired... a 22 year combat vet so that helps. Been in tougher situations than this. Thank you for your input... it lets people know how this can change their life. It you have any stories of BUI's from where you are from, let me know... let us know. After this is all said and done am looking forward to desiging a BUI site. Again ThX for your post.... daViSBiKeZ


--------------------------------------------------------------------------------
Redneck Yacht Club

And the part about being an American you probably wouldn't understand and it's not important anyway.



Please explain.

EXP not gonna split hairs with you. If you would like to continue and bring up things important to BUI's great, if not ok. Tell you what? Let's just forget I brought up the American things cuz apparently that has hit a nerve and that was not my intent. Let's say I'm wrong and you're right and continue with the subject at hand? Fair enough?

this thread makes me want to go punch some cops in the face.

I appreciate your honest view here LOL. I just wish Police were here to Protect and Serve. I think most of them are. What can I say? Thanks man! DaviZ BikeZ

You make it sound like I wouldn't get it, just because I'm in Australia.

[Edit] And learn to use the quote function. I've got to go in and fix them all, as they should be attributed to the member that made the comment.

Sorry I'm not a Forum pro...(or much of a spell wiz LOL) I don't understand the EDIT function. My goal is to just inform folks here through my BUI experience and then this post will end. Tell me what I need to do and I will. ThX DaviZ BikeZ

Thanks everyone for a good day of posting. Remember this POST isn't about me. It's about folks in the cituation I am. I can post everything I know but please post anything you know about BUI's where you are from. Please include a link when you post. Thank you from me and thank you from everyone who gains knowledge from this post. Please help with links....DaviZBikeZ

http://www.duiblog.com/2004/10/20

Expat 'assumes' people will understand the semantics of his screen name- come on, expat, us Americans are stoopid ;)

I agree, we don't know all the facts, even Davisbikes doesn't know the motive of the officers or the DA. he might have been plowed when talking to the police, maybe admitted to BUI during the interrogation.

How big is Davis, anyway? Just like the other poster who is facing felony charges in Petosky, Michigan, maybe Davis is small enough the local pigsty has got his number and feel he deserves a little harassment. Local law enforcement is not above this type of discrimination.

I think Davisbikes might have represented freedom and liberty to the police that night, a very large threat to law and order in this country, and duly harassed the kid and pushed for charges to be filed.

Yes, you now have an arrest record, this and your fingerprints will follow you like a pockmark in any inquiries about you in the future, weather you are eventually convicted is beside the point.

If Davisbikes is emblematic of everthing the Davis PD stands against, if his 'attitude' about the arrest raises any hackles in his local law enforcement community, he will contine to receive undue harassment from the police.

Sorry, Davis.

davisbikes... what confuses me is why the PD thought they could give you any kind of alcohol test at your home and why you didn't refuse them.

If the police came knocking at my door and demanded that, I would tell them they have no reason and refuse. You were not caught in the act and you could have done "anything" between your incident and the time they tested you...

Genec, you don't want to know why. Its a situational thing. When they spring on you they have experience and drinking doesn't bring out the attorney in anyone. They pounce and use surprise to get what they want.

By the way, Davis is huge in comparison to Petoskey. It houses many college kids and this can be a big draw for the cops who don't always have the best of intent. I suppose the job (it being one of the highest stress producers) isn't easy. They don't know everything. An officer has this knowledge ingrained; If someone is breaking the law, they're probably breaking more than one. They think a case is an onion of truth and that many are just doing ill deeds. We can be sure that some are. Hopefully they can understand, in time, most aren't.

To the Aussie- Where in New Zealand are you from? Just kidding. Don't take offense or infer anything from the "..American." line. The notion of fighting for ones' rights is deeply instilled here. Obviously in France it is showing now,too. Hopefully you have these qualities or can appreciate them. That was all I would take from the comment.

DavisbikeZ; There is a case of BUI here in Petoskey. It was not big news, though it should've created some uproar. I don't think it will help-but I shall scour the Petoskey News-Review (local paper) to see if any info could be of use. I only know that a suit was settled or is pending due to the "perp" having been issued several new wounds to the face. The overzealous cop (excuse the repitition) was video taped as he took down and battered the cyclist. What can you do? lose-lose with dignity after a costly fight. Thanks for not driving while drinking-you should be proud to know that it is appreciated.

I hope you find good news soon.

The police can prove that you were drunk in your home. The prosecution has to show that you were drunk on your bicycle some time earlier.

You don't say explicitly, but you imply that you admitted to the police that you were riding your bicycle and that you crashed at the place you lost your cellphone. So, ignore the comments above that the prosecution will have to "prove" you were on your bicycle and this will be a problem for them because there are "no witnesses". Your statement that you were riding your bike solves that problem.

Still, the prosecution has to show that you were drunk on your bicycle. That will, to say the least, not be easy. It does not seem as if the prosecution has any evidence that the time gap between your riding and the B.A.L. test was too short for you to acquire a B.A.L. level above the legal limit by drinking at home. Since they found you at home, obviously they can't prove that you had no access to alcohol in the interim, either.

So, if your lawyer's competent, it sounds like your chances of beating this are very good. Good luck.

While your case sounds strong, it also seems as if you could have saved yourself a lot of time and money if you had refused to say much of anything to the police in the first place, and, of course, refused the B.A.L. test. Bear in mind that all the authorities knew before you talked to them is that you had lost your cellphone. People sometimes say that if they are innocent there is nothing to be lost in cooperating iwth the authorities. This story is an excellent case in point to the contrary.

Expat 'assumes' people will understand the semantics of his screen name- come on, expat, us Americans are stoopid ;)

Hard to argue that one either way. :D

Expat 'assumes' people will understand the semantics of his screen name- come on, expat, us Americans are stoopid ;)

I agree, we don't know all the facts, even Davisbikes doesn't know the motive of the officers or the DA. he might have been plowed when talking to the police, maybe admitted to BUI during the interrogation.

How big is Davis, anyway? Just like the other poster who is facing felony charges in Petosky, Michigan, maybe Davis is small enough the local pigsty has got his number and feel he deserves a little harassment. Local law enforcement is not above this type of discrimination.

I think Davisbikes might have represented freedom and liberty to the police that night, a very large threat to law and order in this country, and duly harassed the kid and pushed for charges to be filed.

Yes, you now have an arrest record, this and your fingerprints will follow you like a pockmark in any inquiries about you in the future, weather you are eventually convicted is beside the point.

If Davisbikes is emblematic of everthing the Davis PD stands against, if his 'attitude' about the arrest raises any hackles in his local law enforcement community, he will contine to receive undue harassment from the police.

Sorry, Davis.


DAVISBIKES: Thanks for the post. I don't have all the police facts... Myself and my lawyer won't get them unless the DA thinks this is a strong enough case to go to court. I will post them when I get them either before or after the trial (if there is one) depending on the situation.

I don't think I was plowed in this case because the police didn't come to my house for almost 2 hours after the spill and I was drinking at home. They are just sending as many cases to the DA and leaving it up to him to decide if there is a case. I totally believe the DA knows this case is so full of holes that the Judge will throw it out. And believe me, the DA doesn't want that embarassment in the court room of the Judge throwing it out.

How big is Davis? that depends on what time of year it is. This is a university town and the population seems to drop in half between June and August. I'm guessing we have 35,000 people currently. Just a guess.

When the police came that night, I wasn't scared or nervous... I had nothing to hide. I think the cop had nothing better to do and wanted to make something out of nothing. And this is what is happening. Unfortunatly, it is costing me $$$ I could spend in other places. I hope they don't ask me for a contribution to the Davis PD fund drive for the next 100 years.

It's ok that they have my prints and photo.... I'm not worried about it.

I'm not worried about further harrasment of the Davis PD. I think most of them are ok. I can't judge a police department because of the Rambo actions of one officer.

Now once this is said and done and I post all the documents on a WEB Site... That might stir the pot up. I'm leaving that up to them. Anyway, I think this is exciting to watch UNFOLD and am excited, for lack of a better word to watch our Judical System in action and let you all see it UNFOLD too.

Thank you for your POST and to BIKEFORUM.net for giving us the oppertunity to post this story.