5 -Requested a Breathalyzer but was forced to give blood at a Hospital? PART-5?

Question

OK, now the blood was refrigerated supposedly right after it was taken which was at 12:00am. Where did that blood get stored? I don't know, but the hospital has no record of it being refrigerated in their blood bank. I'm trying to find that out. I'm also gonna retest the blood they say is mine with a blood type, BAC, and DNA results. Any other advice people? What about the DMV hearing that I have to go to? Any advice based on the facts I've told you?

Also I wasn't speeding for real, It would be impossible especially during a rock concert and at 10:40pm when traffic in sunny southern California is crazy, and I'm driving a V6 truck F150.

How long do CHP officers have to pace a person in order to develop that their speeding? Also can they follow you from the concert to the point where they pull you over which was approx 1/3 mile from where I parked.

Help me out please people. I'm a good person who is getting the shaft big time. Only the TRUTH will set me free. Thats all!

California State Law....http://www.dmv.ca.gov/pubs/hdbk/pgs71thru76.htm

This is the DMV California State Law. It says verbatim.........When a California driver is arrested, the suspect is supposed to be given a choice of a breath or blood test(or urine test when neither are available). If a breath test indicates a .08% blood-alcohol concentration or more, or a blood (or urine) test is taken for later analysis, or the individual refuses to submit to chemical testing, the arresting officer will confiscate or "snatch" the license (unless it is an out-of-state license) and serve the arrestee with a pink sheet of paper entitled the "administrative Per Se Order of Suspension/Revocation Temporary License Endorsement.".

I was denied my right to take a Breathalyzer when I was medically cleared and able to. The Breathalyzer was also available at the time of my request. The officer never indicated there was no breathalyzer option!!!!!!

To Old Fuzz.......

In California the CHP can take your blood if A breath test is unavailable. However a breath test was available. A nurse took my blood, who was not part of the hospital. She was a contracted LVN for the CHP.

Answer 1

1st of all... to get to having a choice of tests, you would of had to fail the field test.....speeding and blood test means your going to court, not the DMV. I dont know who you been listenin' to....but it dont mean crap......stupid, worthless tests you want to pay for, V6/f-150, 1/3 of a mile, pacing you, good person, so what, means nothing.
the only concern you should have, is when you go to court.....the blood test has not come back.....they ask if you want to waive your right to a speedy trial....you say no, and youd like this dismissed now.......

Answer 2

Good grief! This has to be a record for the longest question ever posted. . .

Let's see if I got this. . ., you were stopped for speeding and then arrested for DUI and a blood test was FORCED on you?? I find that hard to believe. You have the right to refuse the test, you say no to the cop and you say no to the nurse. That the nurse took the blood tells me you agreed to the test. Not only would it have been illegal for her to take the blood after your refusal, she would also endanger her nursing license for forcing the test. Not likely, buddy.

As to the storage of the blood and the "chain of custody" and identifiction of the sample. Well, they are pretty much routine. If you are going to challenge the procedure, you had better have your ducks in a row. The police and hospital and prosecutor will claim that all the rules were followed, you have to prove differently.

As to the speeding, even your pathetic Ford V-6 will hit 95 mph. That the governer is set for 90 mph does not mean the truck won't pick up a few extra miles per hour, the governor is not all that exact. The one on my car is supposed to top out at 100 mph, but I have had it up to 107 mph before it kicked in. I don't know if the officer paced you or caught you on a radar device. The new laser radars can pick a car out of a crowd and clock it within seconds.

As to you "retesting" the blood sample, good luck with that. If you get the court's permission to do such a test, it will be done at your expense. Hope you got deep pockets.

Best advise I can give you is to hire an attorney who specializes in DUI cases. He will cost more than the fine but if you want your record to be clear, you will cough it up. Trying to do all the things you want to do by yourself, will do nothing for you except piss off the court and increase your fine or jail time.

Answer 3

The breath machine is a large sensitive device. It is not right there at the car with them. It is in a building that houses the machine. Because of your trip to the hospital, your BAC was coming down already and wasting more time, driving you to the machine would be losing the evidence.

The portable machine is a PAS and it is not the same thing as a "real" breathalyzer. It merely gives us a good idea of where you're at before we take your blood or breath.

That's why you had your blood drawn. Hospitals do not do the draw for LE, the agency had a contracted group that does our blood draws for us.

So, I'm not reading the rest of your posts, but if there is no alcohol in your sample then you are fine. If there is, you are done.

Answer 4

You published a greater finished question, leaving out some information, after this. the information in this one surely hurts you greater. you have been given a respiration treatment due on your panic assaults. which could take the breath test of the mixture. That explains the blood try. you will not win that one. not each officer has a PAS (preliminary Alcohol Screening) device of their motor vehicle. whether they do, that's not a breathalyzer. The breathalyzer is a DOJ maintained device, the PAS is purely yet another FST. You refused FST's? That grow to be stupid. in case you have been sober, you will have been on your way. You needed your blood examined back on the penal complex? What have been you hoping for? A 2d try will the two tutor your BAC dropping (meaning the 1st try is greater precise regarding your sobriety on the time of the cease) or growing to be (meaning you definately had to plenty to drink purely before driving). particularly some the procedural questions you strengthen do not mean a element in courtroom. Your criminal professional can attempt to sway a jury with an empassioned plea which you have been wronged when you consider which you probably did not like being arrested. Your strikes tend to tutor which you have been doing all your superb to postpone the examine and steer away from being held accountable on your egocentric and particularly risky habit.

Answer 5

It is the officers choice as to what test you are given: Breath, Blood or Urine.

The hospital does not store the blood, it is given back to the officer who then will take it back to their station and put in the evidence fridge.

Your blood should be in 3 vials, each clearly marked with your name, who drew the blood, where it was drawn, the officers name and his department. This prevents the blood being mixed with another persons or the tubes being swapped.

Unless you have a ton of cash, forget about the DNA results/test. The average DNA test is quite costly (contrary to what CSI feeds the public) and usually runs upwards of 15k.

You driving a V6 F150 means nothing. I have pulled over people in 4 cylinder cars that were speeding. It varies about the pacing time, a good rule of thumb is several hundred feet. Yes, they can pull you over 1/3 of a mile from where you parked.

The blood results will tell what substances you have in your system: cocaine, marijuana, amphetamines etc.. It will also tell them how much of each substance is in your blood, the higher the concentration the more recently you took the drugs.

With regards to your BAC, that will be a no brainer. If you did not have anything to drink, it will come back negative. If you dont do drugs or didnt drink, you should not be worried.

Answer 6

See we are still whipping this horse. I doubt the horse is going to run through your loophole.

The blood would be stored by the arresting agency to keep chain of custody.

You weren't given a breath test because you fell out and wound up at the Hospital. The officer had the right under implied consent law to request blood. When you were released you could go get whatever chemical analysis you wanted. The State is not required to provide one for you. That is your responsibility. I really doubt it was this officer's first day on the job, we deal with people like you every day.

Old Fuzz is right. Go hire a lawyer.

Answer 7

Blood tests?....A DMV hearing? It sounds like you're probably a repeat offender, with whom the police are familiar. The truth will set you free? I doubt that. The truth is what is going to get you nailed. All these whining attempts to discredit evidence and police procedure sounds like you're looking for a back door to escape the consequences of a legitimate traffic stop by the police.

Answer 8

I won't go back and read previous posts (whines) but I think I remember this case. You were injured and needed to go to the hospital. THAT is why you got a blood test instead of breath test. Most States have a certain period of time to get whatever tests they administer for DUI.

Answer 9

If you are that serious about it why don't you hire a lawyer who specializes in traffic summons problems. Some may just charge a flat fee to get it dismissed.

Answer 10

your screwed ,probable cause is enough to get your *** arrested now days, just bite the bullet you won't beat it you live in america home of the free , sorry about the joke i have been shafted a time or two good luck