Can an officer charge me with a DUI if he pulled me over for talking on my phone? Posted on August 08, 2011

I wasnt on my phone when the officer pulled me over. He said that it looked like I was texting. I showed him the last message and phone call on my phone, but he didnt believe me. He then forced me to take a breath test and I failed. Now I have a DUI, because he falsely accused me of texting while driving. Is this right?

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