Do the police have to proive dispatch and arrival time?

Question

Let me try this again, the last question had alot of answers from people who didnt want to do anything other than earn points. Is there a record kept of what time an officer is actually dispatched and actual time of arrival other than his own word he puts on the report. Are there dispatch records that would contain this information if you are in disagreement of what the arrest/incident report says? My DUI charge has a time issue. In Tenneessee Blood Alcohol tests are inadmissable as evidence in court if administered 2 hours or more after initial detention/detainment. its in the Tennessee Statutes and i have spoken to various lawyers on the matter. i disagree with the times on the incident report. Are there actual dispatch records that are kept for offical times of dispatch and arrival? would they have to prove these times in court if questioned? Would i have access to this before my court date? Very curious on this. Can do without answers that involve me manning up and facing the music

Ok, fell asleep at the wheel returning from a friends, ran into a ditch. Cops arrived, questioned field tested and cuffed me on suspicion of DUI. Pu t me in the police car. Sat and sat and sat while officer talked to other cops, waited fore tow truck, talked with tow truck driver, watched tow driver hook car up, pull it out, talked to them some more, talked to cop buddies some more and finally left. i was dazed and confused from the whole thing but remeber watching the clock in the car while on side of the road and it ticked off a good hour while just sitting there cuffed. Then there was the ride to the station, got there filled out some papers, they set a timer for 20 minutes observation period and all that good stuff then finally took the test. I know i was in the car for over an hour before we moved i just cant remember what the hour time was, i was watching the minutes tick by. I just dont understand why there was such a long wait to go to the station.

Answer 1

Yes there are records, taped and logged that reflect the dispatch, call in and call out times of officers dispatched. They are used for the purpose of recordation of events to protect the citizen as well as the officer and are used in court as evidence as to the timing of events.

They are on magnetic tape and are sequential and cannot be falsified.

Answer 2

I am not from Tennessee, but you should double check that law. I know some states have a similar law, but it states if the test is not done within the time frame, and the alcohol is below the legal limit, an expert is required to testify what the level would have been while you were driving. This law favors the state, not the driver. Why did it take more than 2 hours? This may be important for them to document.

As far as the times, they should be documented. This is a matter of public record. Submit a written request to the agency, with the starting time and finishing time you want to review. Advise them you are requesting the information under Open Records laws. All clocks are not the same, but should be close. Make sure you request ample time before and after the stop.

Answer 3

Trying to figure out exactly what you mean. You should have been "logged in" at the detention center. This would mean that the jail has a record of what time you entered. If the statutes of Tenn. have a time limit on testing, I would think the police or jail personnel would be required to log this information in. Not sure what you meant by "dispatch times" If it was a DUI, you were pulled over on the roadway and there is no dispatch time. You should not be considered "detained" until after the field sobriety tests were administered. Detention started at the facility they took you to. You didn't say why it took over two hours to administer the test.

Answer 4

I have no doubt that the dispatch and detention records can be given to your Lawyer
But it may not carry any weight if other statutes state that a sample cannot be taken because you were too ill at the time to give a breath sample a reasonable time must be allowed for a medical trained person to attend which I believe the case to be
Hard Luck

Answer 5

yes, the 911 dispatch operator should docement the time an officer was dispatched to a scene, time of arrival on scene,the time of arrest, and everything. Your lawyer should be able to get all that documentation and could even get the recording of the calls to and from the officer and dispatch.

and just my 2 cents worth, if you were still legally drunk 2 hours later, then you must have been really shitfaced to begin with. I hope you will learn a valuable lesson and not drink and drive again. I am coming to Tennesessee next month and I don't want to be on the road with a drunk driver !

Answer 6

Yes, when an officer is dispatched there is time and date recorded. When He or she arrives they call in and the time and date is recorded. Many Depts. have GPS to verify this.

Answer 7

there should be dispatch records most certainly.

I would say that you would have very little luck in obtaining these records or arguing your point without a lawyer though.

Answer 8

This sounds fairly complicated. If I were you, I would definately retain an attorney and have him subpoena the dispatch reports and tapes, which I think he can do. Good Luck!!