Can an officer or department refuse to provide you with a copy of your breath test results from the machine with official time and date on it? I went to the department to try and get this while i was picking up my incident report. They gave the incident report but told me i would have to speak to the arresting officer for a copy of the breath test results. I called and he plainly told me that he would not give me a copy or let me see a copy until the court date, stated i had no right to it. My understanding was that i had a right to this info/document at request, a lawyer even told me i should have been provided a copy when i was realeased from the jail after being booked. Is this an issue, certainly seems to me i should have a right to this information. They also have an incorrect book in time logged at the station and I have cell phone records to prove that I used my phone well after the time they say i should have been booked in and in a cell. Whats everyones take on this?
2007-09-25 02:15:36 · 8 answers · asked by Mr. Bad Decision 1 in Politics & Government ➔ Law & Ethics
You are entitled to all copies of anything relating to your case. If you do not have an attorney and are representing yourself, you will come up against more walls. Legally, you are entitled to police reports pertaing to yourself.
2007-09-25 02:27:16 · answer #1 · answered by deblord2002 3 · 0⤊ 1⤋
The remedy for the officer's misconduct is a motion to suppress the breath test results. When the motion is made depends on your state. In some states, the motion is made at arraignment, in others a schedule is set at arraignment and in still others it can be made right up until the report is offered in evidence. The sooner it's made, the sooner the case can be dismissed for lack of evidence.
They are fabricating evidence. Make sure your lawyer and you are the only people with access to the cell phone.
2007-09-25 02:25:16 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Since you didn't see fit to hire an attorney, now is the time to contact the court clerk for a motion to compel discovery.
You serve it on the police department / prosecuting attorney and you list specifically 'any and all documentation whether in electronic or hard copy evidence and results of breath tests conducted on or about [date] with the subject of said tests being defendent in above captioned action'.
2007-09-25 02:35:10 · answer #3 · answered by hexeliebe 6 · 0⤊ 1⤋
Consult your lawyer. Inconsistencies do not make you innocent in reality, but can help you in court. There is usually a blood alcohol test as well because of the sometimes misleading breathalizer tests. That test result should be a part of the arrest report and is usually published in local papers.
2007-09-25 02:21:47 · answer #4 · answered by fangtaiyang 7 · 0⤊ 0⤋
You can refuse a test - they cannot force you to give a sample. In that case, you cannot be accused of driving while over the limit. However it is a criminal offence to refuse to give a breath or blood sample to the police: they will charge you with that offence. The punishment is exactly the same for the two offences, on the assumption that only someone who is over the limit would refuse to give a sample.
2016-05-18 00:51:58 · answer #5 · answered by ? 3 · 0⤊ 0⤋
...All that "evidence" is evidence that "they" will use against you in Court... it belongs to the Police and the Prosecution. Your Attorney can request it as a part of "disclosure"... but they aren't obliged to give you anything (other then your rights)
2007-09-25 02:19:59 · answer #6 · answered by Anonymous · 1⤊ 1⤋
I do believe you have the right and he is breaking the law!
2007-09-25 02:20:38 · answer #7 · answered by Anonymous · 1⤊ 1⤋
You are totalyl RIGHT! You know you can sue right? Its violating your rights!
2007-09-25 02:18:55 · answer #8 · answered by Anonymous · 1⤊ 1⤋