By Kimberly A. Goins, a mother, attorney, theologian, and lifelong learner living in Nashville.
On December 26, 2017, I was wrongfully arrested and charged with a DUI.
Born and raised in Mobile and now living in Nashville, I was driving a rental car from Mobile home when I was pulled over in Maury County, Tennessee on I-65 North.
Officer Ethan Purcell indicated that I had driven over the white line slightly. I had been on the road since about 5 that morning, making the seven-hour drive. I have fairly limited long-distance driving experience and was driving as slowly and carefully as possible. I was also very tired.
I am a licensed attorney in good standing with the New York State Bar. I have a law degree, master's degree in political science and a bachelor's degree in Spanish and political science from The University of Alabama and a master's in theological studies from Vanderbilt University.
I am 33 years old, and mother to one daughter.
I handed over my license; I had no criminal history or warrants. After he ran my license he made me get out of my vehicle. He asked me if I had done marijuana. I said no. He did not indicate smelling marijuana, so I was confused as to why he was asking me that. He began performing field sobriety tests, starting with an eye test. I wear glasses due to being near sighted and having astigmatism; one of the arms on my glasses is also bent somewhat due to my daughter breaking it. I kept my glasses on during this test. I do not know if he did the test correctly or incorrectly, but I know that special expertise is required for that test.
He continued to ask me if I had done marijuana and if I was sure. I, of course, said no, that I had not done marijuana and that I do not do drugs at all. He performed other field sobriety tests. Throughout, the tests I was respectful, saying yes- and no-sir. I also was exhausted, tired, cold and very nervous.
I am not the most coordinated person on a normal basis; have feet that naturally turn out when I walk and was nervous; so I cannot say how I did. However, I was not high or drunk.
After the field sobriety tests Officer Purcell arrested me for driving under the influence. He did not perform a breathalyzer test. He wanted me to take a blood test, which I consented to. I do not recall him reading me my Miranda rights.
Once I was under arrest he searched my vehicle. He did not find any drugs. He never searched me or my person for drugs. He also told me that my vehicle would be towed and that the information would be among my paperwork.
Later at the jail, there was no information about the towing company among my paperwork. Also, my driver's license was not returned. A jail worker looked up the towing information for me and told me that the officers sometimes forget to return the license. My license was not suspended at the time nor has it been since then, so I do not know why it was never returned. I've ordered and received a duplicate.
I finally received my test results in February (alcohol) and May (drug). I easily passed the tests, having no drugs or alcohol in my system. I've shared those results with my attorney, who has indicated that she is doing an agreed order with the district attorney's office for dismissal of the charge.
I plan on submitting expungement paperwork as well.
I am still not over what happened to me, but I recognize the power in telling one's story, and I thank you all for that opportunity today. Be blessed.