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I'm raising funds along with my family to help my brother, Tony, who is going through a really tough time now. He was profiled by a police officer and because of it is now being charged with driving under the influence.
For those of you who know Tony, he would never have taken any substance that he wasn't medicated for.
The money we are trying to raise will go to the expenses for the whole judicial process that Tony is in. He needs to get an attorney that will really help him and also to pay for the fees that he is being obligated to pay for something he didn't do. This is money he doesn't have nor can he afford to lose since he is a father of a one-year-old and another due in December.
Any donation amount will help the cause.
The following are journal entries that explain the whole ordeal in detail:
8/19/19
Today I got arrested at 9am because the officer who stopped me thought I was driving under the influence of drugs.
I was just tired because Carmen had cried all of last night and I didn't get to fall asleep until almost 2am. I also went to drop off Dayana at work since I had promised to Sean yesterday that I would, he had to work very early and couldn’t take her like he usually does. Then at around 8:40am I went to pick up milk since we were out. Afterward I drove home. I was about 3 minutes from home when this all happened. I was trying to turn at an intersection and the truck in front of me was very large, so I couldn't see beyond it. As he turned on a yellow light I started to follow, but I had to stop in the middle of the intersection because a line of cars was coming towards me. I was stuck in the intersection. So I had to turn on a red light when there was a clearing or I would have held up traffic. That's when the cop flashed his siren lights. I thought, "no big, I will explain the situation and I will go home."
Since I have anxiety I was nervous trying to find my car paperwork and apparently I was slurring my words, I didn’t notice this but that is what the policeman told me. Again, I was tired. I took pain medication Sunday night at like 1pm if that is of any importance. He thought I had taken medication/drugs and I had been driving under the influence. He went to go look up my record and found nothing. He then asks me to get out of the car and do focus tests. I have ADHD. I even told him later in the booking process that I take medication for focusing and anxiety. I had to follow the tip of his finger, with my glasses off. Apparently the cop wanted it to be perfect because he made me do the test again since I wasn't perfectly looking at the tip of finger. Then I had to do the walking in a straight line test. I failed again because of my large thighs, anxiety, being tired, and I always walk a little “funny”, I always have and that’s me. He even called for back up after he checked my record. After the tests I thought he was going to write me up a citation and let me go on my way. Nope, he slaps cuffs on and makes me go into a patrol car. I have to explain to my wife what was happening on speaker phone.
Man those cuffs hurt and the back seat of the patrol van was tiny. So I get booked in the Utah county jail with others. They make urinate in a cup and take some of my blood. The urine test found no evidence of any drug usage, I had not taken my medication. The officer then tries to tell me the urine test isn't perfect. In my mind: "You wanna know why it says nothing, it's because I didn't do anything!" I barely speak at all to the guy. I just say I take prescription medication for anxiety and focus. I don't get results from the blood test, which the officer again warned it would more definite if I have any drugs in my bloodstream. But no they don't give me the results I have to get them on my court date. They got my fingerprints as well. I spent the rest of my booking trying to call my father-in-law and Sara while witnessing another arrested person freak the crap out. They had to get other officers to restrain him. "Where am I?" I got a nasty mugshot picture and as I waited for my father-in-law to pick me up.
I had to pay $400 to get an impound release form for my car, and I had to pay $238 to the towing company so I could get my car back. It was a very frustrating day to say the least.
9/23/19
Theme of this story is “They are two separate departments and they don’t talk to each other.”
So yesterday was interesting to say the least. Carmen was waking up in the middle of the night and crying like she did the day before I was arrested. Sara and I decided to take her to grandma’s house so we all could get some sleep. Sara and I drove to the Provo courthouse hoping this would be resolved quickly, and that did not happen…
This was just a hearing and for me to enter a plea. When I was called up, the judge told me that these were serious charges with possible jail time. Of course I plead not guilty and requested for a public defender since I have no money for an attorney. So now my next hearing is on Nov 4, that’s when I meet my public defender. The judge then asks about my driver’s license and said it was invalid, since it was an Idaho license. I tried to explain but he cut me off saying he knows nothing about what they do in Idaho.
Now this is the part where the story gets deeper. When I moved to Provo and I registered my new car, the Provo DMV never told me to go to the Orem Driver’s License Division to get a new Utah license there. Stupidly, I must’ve thought, “Okay, I will get a Utah license when my Idaho license almost expires,” which is next year. So I was given a piece of paper at the Provo courthouse and told to go to the Orem Driver’s License Division.
The judge also said I wasn’t allowed to drive without a valid license, so I was in trouble. I
had to ask Sean for help. We leave my car at the courthouse in Provo and Sean took me to the Orem Driver’s License Division to get my Utah License. When I get there the lady at the counter says if I got a Utah License it would be suspended for 120 days since my arrest; now remember that I haven’t been charged with a crime yet. Apparently, it’s the law here if you get arrested for DUI you still get your license suspended for 120 days until the matter is resolved, then the suspension will end.
Naturally, I thought that wasn’t right, it wasn’t proven I committed a crime. I explained my situation and I was met with push back. The lady says the courthouse and the Orem Driver’s License Division and the Provo courthouse are “two separate departments and they don’t talk to each other.” They even told me that I was supposed to go to the Orem Driver’s License within 10 days after my arrest, which of course the police officer who arrested me never told me. I was also told the police officer should have given me a citation with this information, which of course I have no record of and I kept every document from the arrest. So I am panicking now because now I can’t drive for 120 days.
They let me call one of their officers at the Orem Drivers License Division and explain the situation. I tell him why I still have an Idaho license and he then tells me again the Provo DMV and Orem's Driver License Division are “two separate departments and they don’t talk to each other” on these matters…
He tells me I can technically apply for a hearing with the Orem Drivers License Division (in 29 days) and defend my claim of my innocence and maybe they can lift my driver’s license suspension, but this not always because I missed my initial hearing I was supposed to go to within 10 days after my arrest, which I wasn’t told.
This all reminds me of something the police officer told me the day of my arrest that also didn’t make sense, when I told him the Provo DMV never told me to contact the Orem Drivers License Division about getting a new Utah License, he said “they are two separate departments and they don’t talk to each other.”
The officer at the Orem Drivers License Division tells me that technically I can drive my Idaho License until October 3rd when the suspension will be in effect. I wish I was told that at the courthouse - where I left my car.
So then Sean took me back to the courthouse and I get my car back. In the Provo courthouse the lady at the desk, who was very helpful by the way, gives me contact info of my possible public defender, prosecutor, and my case number. She tells me that I won’t be in contact of my public defender until the day of the courthouse hearing. I called the prosecutor about my blood work and the assistant tells me it won’t be available until they look over the case.
11/4/19
When I went into the Provo Justice Court I met with Maryiln Hansen, a public defender. I was supposed to meet with Doug Baxter who was my original public defender but because he didn’t show up so I got a substitute. Hansen told Sara and I the prosecution were giving me only two options to resolve this. They want me either to plead guilty to driving under the influence of medication (bupropion) which they think caused my driving "impairment,” even though I didn't take my medication the morning of my arrest. As a result of the plea I would have to pay a $755 fee. Or I can still fight and proceed with an enhanced blood test that will measure how much bupropion was in my blood the day of my arrest, which costs a non refundable of $400. Sara and I didn’t have $400 to spend at the drop of the hat so Hansen went to talk to prosecution to see if they can push forward with the case. Now I have to call Hansen in a week and tell her my choice of whether to do a blood test or not. Hansen showed me the results of the original blood test, which came back negative that I was ever under the influence of illegal drugs.
For those of you who know Tony, he would never have taken any substance that he wasn't medicated for.
The money we are trying to raise will go to the expenses for the whole judicial process that Tony is in. He needs to get an attorney that will really help him and also to pay for the fees that he is being obligated to pay for something he didn't do. This is money he doesn't have nor can he afford to lose since he is a father of a one-year-old and another due in December.
Any donation amount will help the cause.
The following are journal entries that explain the whole ordeal in detail:
8/19/19
Today I got arrested at 9am because the officer who stopped me thought I was driving under the influence of drugs.
I was just tired because Carmen had cried all of last night and I didn't get to fall asleep until almost 2am. I also went to drop off Dayana at work since I had promised to Sean yesterday that I would, he had to work very early and couldn’t take her like he usually does. Then at around 8:40am I went to pick up milk since we were out. Afterward I drove home. I was about 3 minutes from home when this all happened. I was trying to turn at an intersection and the truck in front of me was very large, so I couldn't see beyond it. As he turned on a yellow light I started to follow, but I had to stop in the middle of the intersection because a line of cars was coming towards me. I was stuck in the intersection. So I had to turn on a red light when there was a clearing or I would have held up traffic. That's when the cop flashed his siren lights. I thought, "no big, I will explain the situation and I will go home."
Since I have anxiety I was nervous trying to find my car paperwork and apparently I was slurring my words, I didn’t notice this but that is what the policeman told me. Again, I was tired. I took pain medication Sunday night at like 1pm if that is of any importance. He thought I had taken medication/drugs and I had been driving under the influence. He went to go look up my record and found nothing. He then asks me to get out of the car and do focus tests. I have ADHD. I even told him later in the booking process that I take medication for focusing and anxiety. I had to follow the tip of his finger, with my glasses off. Apparently the cop wanted it to be perfect because he made me do the test again since I wasn't perfectly looking at the tip of finger. Then I had to do the walking in a straight line test. I failed again because of my large thighs, anxiety, being tired, and I always walk a little “funny”, I always have and that’s me. He even called for back up after he checked my record. After the tests I thought he was going to write me up a citation and let me go on my way. Nope, he slaps cuffs on and makes me go into a patrol car. I have to explain to my wife what was happening on speaker phone.
Man those cuffs hurt and the back seat of the patrol van was tiny. So I get booked in the Utah county jail with others. They make urinate in a cup and take some of my blood. The urine test found no evidence of any drug usage, I had not taken my medication. The officer then tries to tell me the urine test isn't perfect. In my mind: "You wanna know why it says nothing, it's because I didn't do anything!" I barely speak at all to the guy. I just say I take prescription medication for anxiety and focus. I don't get results from the blood test, which the officer again warned it would more definite if I have any drugs in my bloodstream. But no they don't give me the results I have to get them on my court date. They got my fingerprints as well. I spent the rest of my booking trying to call my father-in-law and Sara while witnessing another arrested person freak the crap out. They had to get other officers to restrain him. "Where am I?" I got a nasty mugshot picture and as I waited for my father-in-law to pick me up.
I had to pay $400 to get an impound release form for my car, and I had to pay $238 to the towing company so I could get my car back. It was a very frustrating day to say the least.
9/23/19
Theme of this story is “They are two separate departments and they don’t talk to each other.”
So yesterday was interesting to say the least. Carmen was waking up in the middle of the night and crying like she did the day before I was arrested. Sara and I decided to take her to grandma’s house so we all could get some sleep. Sara and I drove to the Provo courthouse hoping this would be resolved quickly, and that did not happen…
This was just a hearing and for me to enter a plea. When I was called up, the judge told me that these were serious charges with possible jail time. Of course I plead not guilty and requested for a public defender since I have no money for an attorney. So now my next hearing is on Nov 4, that’s when I meet my public defender. The judge then asks about my driver’s license and said it was invalid, since it was an Idaho license. I tried to explain but he cut me off saying he knows nothing about what they do in Idaho.
Now this is the part where the story gets deeper. When I moved to Provo and I registered my new car, the Provo DMV never told me to go to the Orem Driver’s License Division to get a new Utah license there. Stupidly, I must’ve thought, “Okay, I will get a Utah license when my Idaho license almost expires,” which is next year. So I was given a piece of paper at the Provo courthouse and told to go to the Orem Driver’s License Division.
The judge also said I wasn’t allowed to drive without a valid license, so I was in trouble. I
had to ask Sean for help. We leave my car at the courthouse in Provo and Sean took me to the Orem Driver’s License Division to get my Utah License. When I get there the lady at the counter says if I got a Utah License it would be suspended for 120 days since my arrest; now remember that I haven’t been charged with a crime yet. Apparently, it’s the law here if you get arrested for DUI you still get your license suspended for 120 days until the matter is resolved, then the suspension will end.
Naturally, I thought that wasn’t right, it wasn’t proven I committed a crime. I explained my situation and I was met with push back. The lady says the courthouse and the Orem Driver’s License Division and the Provo courthouse are “two separate departments and they don’t talk to each other.” They even told me that I was supposed to go to the Orem Driver’s License within 10 days after my arrest, which of course the police officer who arrested me never told me. I was also told the police officer should have given me a citation with this information, which of course I have no record of and I kept every document from the arrest. So I am panicking now because now I can’t drive for 120 days.
They let me call one of their officers at the Orem Drivers License Division and explain the situation. I tell him why I still have an Idaho license and he then tells me again the Provo DMV and Orem's Driver License Division are “two separate departments and they don’t talk to each other” on these matters…
He tells me I can technically apply for a hearing with the Orem Drivers License Division (in 29 days) and defend my claim of my innocence and maybe they can lift my driver’s license suspension, but this not always because I missed my initial hearing I was supposed to go to within 10 days after my arrest, which I wasn’t told.
This all reminds me of something the police officer told me the day of my arrest that also didn’t make sense, when I told him the Provo DMV never told me to contact the Orem Drivers License Division about getting a new Utah License, he said “they are two separate departments and they don’t talk to each other.”
The officer at the Orem Drivers License Division tells me that technically I can drive my Idaho License until October 3rd when the suspension will be in effect. I wish I was told that at the courthouse - where I left my car.
So then Sean took me back to the courthouse and I get my car back. In the Provo courthouse the lady at the desk, who was very helpful by the way, gives me contact info of my possible public defender, prosecutor, and my case number. She tells me that I won’t be in contact of my public defender until the day of the courthouse hearing. I called the prosecutor about my blood work and the assistant tells me it won’t be available until they look over the case.
11/4/19
When I went into the Provo Justice Court I met with Maryiln Hansen, a public defender. I was supposed to meet with Doug Baxter who was my original public defender but because he didn’t show up so I got a substitute. Hansen told Sara and I the prosecution were giving me only two options to resolve this. They want me either to plead guilty to driving under the influence of medication (bupropion) which they think caused my driving "impairment,” even though I didn't take my medication the morning of my arrest. As a result of the plea I would have to pay a $755 fee. Or I can still fight and proceed with an enhanced blood test that will measure how much bupropion was in my blood the day of my arrest, which costs a non refundable of $400. Sara and I didn’t have $400 to spend at the drop of the hat so Hansen went to talk to prosecution to see if they can push forward with the case. Now I have to call Hansen in a week and tell her my choice of whether to do a blood test or not. Hansen showed me the results of the original blood test, which came back negative that I was ever under the influence of illegal drugs.
Organizer and beneficiary
Sean Louis Gómez
Organizer
Provo, UT
Anthony Gomez
Beneficiary