Addendum to Breathalyzer requested and was forced a blood test due to my medical condition.?

Question

1. CHP officer is a rookie only on the force 2.5 yrs.
2. I requested a breathalyzer; reference: California Vehicle code 23612. = I have a choice.
3. I was taken to hospital due to my medical condition which was bogus. Also I was waiting to take my breath test for 1 hour prior to transportation to the hospital.
4. Police are not doctors and can't determine if a person needs medical treatment if they are coherent and speaking complete sentences.
5. I was never given a chance to prove to the officers that I could perform the Breathalyzer normally. If they gave me a chance to take the Breathalyzer as it is in police protocol and I failed by fudging or by not being able to take the test, Then they should and could take me to the hospital and take my blood under my consent or without it.

6.I was never given that chance which deems that I was medically able to take the Breathalyzer.

7. This means that the blood draw which I didn't refuse would be an "illegal blood draw".

They deemed me incapable of taking a breathalyzer based on a CHP's diagnosis of chronic asthma on myself....= Bullshit

It took 12 minutes from my time of arrest to arrive at the hospital which deemed me coherent, normal, speaking complete sentences and very distinctly, and all my vital were normal. I had no slurred speech as they could have checked the box, which contradicts the police, also alcohol smell protruding from me was obsolete. My BAC was a .19 this is bullshit also

Oh by the way there are so many mistakes in the police report which the officer wrote. example: I was arrested at 10:45pm, and my blood was drawn at 0355, or 3:55am. Hmmmmmm thats over three hours isn't it? Also if the report is wrong which there is alot, then how can this police officer be qualified to pace me, especiially when she stated she obtained a pace of my vehicle while accelerating?

Also from the time I got on the freeway till I got off. There is an approximate 1 mile distance. Now can you law enforcement folks tell me how long it takes to go one mile when the officer was 1/3 mile behind me? I'll tell you.....I would have passed the exit I got off at if I was going 95. Try to beat Math and calculus, good luck!

I did not have an asthma attack, as it's stated in my doctor report. The investigation at the Hospital was this......They forced a breath test on my (I was handcuffed) for preventative care for my future transportation to the jail!!!!!!!

Matt----idiot, I wasn't drunkk I weigh 180 with fast metabolism with only 2 beers drank in the course of 5 hours. The only person who is gonna get slammed is me doing my gf tonight and maybe yours.

Please folks this is America and this is California. There are laws for citizens like me and procedures police must follow to make a lawful arrest. I'm looking for serious opinions, not idiots who say I was drunk driving and thats that. I mean if your a police officer and state this, then you have no intelligence about procedure or law for that matter. I'm asking questions on procedure. Would any of you police do a DUI investigation like this? I hope not because you will get reprimanded by your superior as this officer is by me filing a formal complaint. Oh yes, 2.5 yr CHP officer is on a 3 year probation period, and is not an expert at everything. If she was then I'm an expert at business since I have a BA which is 4 years!!!!

Answer 1

None of this will matter without a good lawyer. Addressing each of your notes by number:
1. This note is superfluous. I would not bother with that in court. At 2.5 years, he is no longer a rookie. Regardless, he is authorized to enforce the laws of California the moment he graduates from the academy.
2. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. 2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person's blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.
3. Since the police officer is NOT a doctor he is required to consult with a doctor if he suspects medical treatment is needed. Only the doctor can determine if the need for care was "bogus"
4. See 3 above. You made my point, police officers are not doctors.
5. Transporting you for medical care made the breathalyzer unavailable as noted in 23612. (a) (1) (A)
6. This is simply a restatement of 5
7. I disagree with your conclusions.

If you are going to use this approach, first you should have a lawyer. If you are determined to do it on your own (a man who represents himself in court has a fool for a client) then you need to do a couple of things:
1. Get a copy of the doctor’s report for the treatment you received.
2. Find precedent that supports your conclusions.

Answer 2

This has been asked and answered many times. You are grasping at straws that aren't there.

Get a lawyer and get off of the forums. Your only hope is to get the jury of your 'true' peers. That would be a group of excuse making, above the law, better than you, self responsibility lacking people who happened to register to vote. In the event you can't find this group, pay your money and serve your time (it you get any) and move on.

Its selfish idiots like you that endanger the innocent motoring public and then get upset when you are held responsible. Its unfortunate DUI is still only a misdemeanor because it is only one bad decision away from causing catastrophic results. I won't type here that I wish you or your family was hit by a drunk driver. I would not wish that on anyone. Now, a solo vehicle collision into a tree or something, maybe that would wake you up to the dangers.

Take the time to unplug your computer, find paper and a pen, and write a thank you note to the CHP. Thank them for saving you from yourself and keeping you away from us.

Cheers... give us an update of your fine when you get it.

Answer 3

This is one side of the story, and from the sound of it not the complete truth. It really would be interesting to hear the officer's side of the story. I'm sure the entire story will make more sense.

Do yourself a favor next time and don't drink and drive. Throughout all your ramblings the one thing you never said was that you were not drunk. I hope the Judge slams you in court.

EDIT: I'm not the idiot. I don't have to come up with piss poor lies because I'm in court defending myself against Drunk Driving charges. You had a BAC of 0.19% and you were driving. You're going to seriously hurt someone if you don't end up killing yourself first. I just hope it's the latter of the two.

Answer 4

3. due to what medical condition? What did they claim necessitated your medical treatment?

Unless that changes things, then yes, your rights were violated. You have the right to take the breathalyzer not get blood drawn. But if the police were protecting themselves, others, or you from yourself (if they say you had a psychotic breakdown or something) then they can force you to a hospital, and once you're there they can check your blood.