Fell asleep behind the wheel and ran off of road resulting in a dui charge. No passengers, personal injury or property damage. After arrest, spent over 1 hour in back of police car on side of road and another 45 minutes at ploice station before receiving breath test which came out pretty high. Booked in and spent the night for 8 mandatory hours. Does the 8 hours count towards the 48 if i am sentenced and should all of the time spent in police car count as well since i was not immediately taken to police station. Also since my breath test was administered so long after being stopped I feel like what i did have to drink had alot of extra time to absorb and my reading probably would have been different if test was given immediately, anyone have any insight on this? Of course i will be checking with an attorney but wanted to see if anyone else had experience in this. any info would be great
2007-09-17 04:52:00 · 7 answers · asked by Mr. Bad Decision 1 in Politics & Government ➔ Law & Ethics
The breathalizer should have been done immediately on the scene. So you may want to hire an attorney for this one.. It is very wrong that they did not do the breathalizer immediately.. Alcohol does increase over the time period due to the time spent waiting..The time you spent over night should count toward part of your time. I would hire a very good attorney... Did the police do a blood test or a breath.... If you are near the Clarksville, TN area then Attorney Michael Morgan is pretty good and highly recommended.... Good luck..
2007-09-17 04:59:59 · answer #1 · answered by ldyjsmyn 4 · 0⤊ 0⤋
Yep. In CA the hold time is 6 hours. If you go in before midnight and get out after midnight, that counts as 2 days! And that satisfies the 48 hour requirement. Amazing but true! That's one little break you get along with all the harassment you get sentenced to.
The part about you not testing for so long is totally an issue for an aggressive attorney to get into. Best wishes.
2007-09-17 05:15:23 · answer #2 · answered by Flatpaw 7 · 0⤊ 0⤋
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2014-11-11 01:16:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Generally time served is equated in the time you must serve. But states differ on these things. Time in the squad doesn't count. You are lucky to be alive. You drank so much that you have no beef to cry about the time of absorbtion, are you crazy? If you are in a cell they might take that off, but I doubt it. Thank God you did not kill anyone or yourself and take it like a man or woman.
2007-09-17 05:15:05 · answer #4 · answered by schneider2294@sbcglobal.net 6 · 0⤊ 1⤋
it could if the judges comes to a decision that it does. in any different case, it would not count quantity. on occasion, the choose may additionally sentence you to "time served", meaning that the time you served waiting for trial stands out as the only time which you will serve. or, in different words, you probably did your punishment till now being sentenced.
2016-11-14 16:47:21 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Yes - Time served (in the jail) will count towards the sentance.
2007-09-17 04:56:33 · answer #6 · answered by mattym 2 · 2⤊ 0⤋
it is a good way to sneak into the police station hook up a hidden camera somehow and take photos of them they normally have a list of their phone numbers on the wall try to memorize as many as you can that way when they harrass you you can put them on the internet and make dirty pictures and send them to their wifes
2007-09-17 05:12:42 · answer #7 · answered by JAMES N 1 · 0⤊ 1⤋