1. pulled over for speeding. ( The CHP had no clock or electrical device to prove I was speeding).
2. Brought to hospital for asthma / panic attack (I didn't want to go to the hospital).
3. Forced a breathing / Asthma inhalation treatment. Then blood was taken from me by police (forced) I was never admitted or discharged from hospital.
4. I was not given a choice to take another test after they took my blood. In Jail I was in the same room as the Blood Tech and Breathalyzer.
5. Medical reports state I was normal / completely. Nothing about Alcohol on my breath or anything. Blood was taken by CHP outsorceing Blood Tech.
2007-10-02 21:08:47 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
This is the Law Enforcement & Police forum. There shouldn't be any professional person on this forum giving advice on how to beat a DUI hearing. Consult with an attorney in ragards to your legal rights.
2007-10-03 07:32:34 · answer #1 · answered by CGIV76 7 · 0⤊ 2⤋
1) Officer's don't need a clock or electrical device to estimate speed. Pacing (following behind at a constant distance) will do and, in some cases, visual estimation given surrounding traffic and the officer's experience will suffice. Part of CHP training, in using RADAR, is a day or more of visual speed estimation.
2) Whether or not you didn't want to go to the hospital, you were taken. This was obviously after arrest. It is the officer's responsibility to care for you, even against your wishes, when you are under arrest and there is a medical need. Also, a jail will not accept you with medical issues that are not first checked, and cleared by a physician.
3) How was the blood 'forced'? You were held down, while you were fighting, and they took blood from you? Most likely not. I am assuming they took a blood sample and you simply didn't want one taken. I will not address the asthma treatment or admitted or discharged issues as they don't matter.
4) Now you are saying they took blood from you again at jail. Sounds like, in number 3, you the hospital needed blood to clear you but you were not playing nice and the police had to assist them. As far as another test, this isn't your show. You don't run things when you are under arrest. You get a choice or blood or breath. If you choose breath, you can have a tube of blood drawn also for independant review (Trombetta). If you choose blood, that is it.
5) Medical reports don't look at your level of impairment, they note your medical condition. That is why they are medical reports and not police reports. As far as a blood tech taking your blood, you would be much more angry if an officer tried to do it. Blood techs are trained and certified phlebotomists. Drawing blood is their gig.
Had you refused a blood sample, you would immediately lose your license, conviction or not.
All of your points are best addressed at trial. All DMV wants to know is whether or not your were driving with a BAC over .08. If the blood says you were, your license will be a memory.
2007-10-02 23:19:46 · answer #2 · answered by wykedguy 2 · 3⤊ 0⤋
1
2016-06-02 15:56:45 · answer #3 · answered by Ivana 3 · 0⤊ 0⤋
Boy sounds like you pulled out all the stops. I have seen and heard all these things from the drunks I've arrested.
1). Officers can stop you for speeding without showing you a radar reading or even using one. The courts have ruled that a lay person can estimate speed without any training. It is easy to point out someone going 95 mph opposed to 65 mph.
2). Brought to the hospital not only for asthma/panic attack and for a blood test.
3). Talk to the hospital the officer is not a doctor and did not prescribed medication to you. The Police Officer ordered a blood test. That’s what they do when they think someone is driving drunk. If you hadn't showed out they would have taken you down to the jail for a breath test instead of a blood test at the hospital. It is a classic ploy by drunks to act injured or sick so they can go to the hospital. They usually think they are going to buy time before a breath test. But it usually only speeds up the process. Go fish.
4). Once you were released from custody you could have gone and gotten another test on your own. Not familiar with CA law but it is probably like NC law. We are not responsible for supplying you with another test.
5). Medical report said you were normal because there was nothing medically wrong with you (i.e. your panic attack or whatever was bogus). Your level of intoxication will show in the blood test. By the way the hospital usually takes its own toxicology report for their records.
2007-10-02 23:21:58 · answer #4 · answered by El Scott 7 · 1⤊ 0⤋
Te judge is going to adjourn the case a 3-5 weeks and tell you to bring a lawyer with you next time. You might be able to apply for a public defender. Although if your a broke college student with parents who have jobs, they are going to expect them to pay. Usually the white trash, illegal immigrants & blacks soak up all the public defenders time....
2016-05-19 21:24:30 · answer #5 · answered by joel 3 · 0⤊ 0⤋
good luck on this one.....none of this is going to help you against a C.H.P. officer....by the way, it is legal to PACE in california, therefore there is no need for radar on the speeding charge as long as the troopers speedometer was calibrated..
by the way, to the poster just above me.....what law school did you graduate from, without ever having learned to spell ?....just curious....thanks
2007-10-02 22:19:04 · answer #6 · answered by Factual52 7 · 1⤊ 0⤋
If you were DUI, F u and go die!
If you were not DUI then sue the **** out of the police, the hospital, the county, the techs that serviced you, every last one of them.
Its hard to tell from your question if you were DUI or not, as you can see I hate DUI, killed my fiance.
2007-10-03 04:11:05 · answer #7 · answered by TheAwokenOne 2 · 1⤊ 1⤋
You will be useless in court, except as witness for yourself.
Let your lawyer do the talking. He/She has done this a few times I'm sure.
If you represent yourself, you will be laughed at constantly during the trial.
2007-10-03 01:22:59 · answer #8 · answered by California Street Cop 6 · 0⤊ 0⤋
Were you sober?
There is nothing in what you wrote that gives me reasonable doubt that you were Driving While Intoxicated.
Unless you have evidence that you were not intoxicated, I don't see much chance of success for this plan.
2007-10-02 21:16:42 · answer #9 · answered by Citicop 7 · 2⤊ 0⤋
you can't beat the d.m.v., hearing,.....and i am sure you will be found guilty in the trial,.....sorry for the bad news i have just given you,.....
2007-10-03 02:18:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋