Cop took blood sample but I never heard anything?
I was in an accident. i did have 2 beers earlier that day. I was in a single car accident. I was alone. I was injured. I couldn’t do the standard sobriety tests so the cop asked for a blood sample. He said if I refused I would lose my license for a year. I gave him the blood. He said if I fail the blood test I would hear about it in about 14 days and my license would automatically be suspened for failing. He said if i passed I would still have to appear in court for the other tickets.
It’s been 2 months and I have not gotton a letter from the state. My court date has come and gone and my name was not on the docket. I have a lawyer. He says they are still considering charges but they have not given us the results of the blood test. We don’t know if they have the results.
When they took the blood sample I had been on an IV for fluids for 30 minutes and I had also been shot up with some iodine for a cat scan. All of this was done before the blood was taken. Could it be that those fluids screwed up my sample and the prosecuters are trying to figure up some other way to make the charges stick?
My lawyer says to just wait. he says it’s a good thing that they have not officially pressed charges and he doesn’t want to press them about the blood sample. He says the longer we wait the better the chances.
My fear is this. I had only had 2 beers earlier in that day. They charged me with a DUI and that blood sample was my only real evidence that I was under the limit. It had been over an hour since I drank those beers before I drove. I am 5 foot 8 and weigh 135 pounds. If they screwed up my blood sample it might be a plus for them that the results were tainted. My county prosecutes DUI’s to the MAX. No breaks. NO deals. My lawyer says that no matter what they will pursue the case and I will have to go to a jury trial to beat it. Then it is their word against mine and even with no evidence I could lose. That costs a lot of money and stress and I cannot have a DUI on my record because my job requires me to travel and rent cars.
Any cops out there have any thoughts? Should my innocense be compromised because a cop didn’t get his blood the right way? I cooperated completely with this officer. I even offered to blow in the thing, but he said it wouldn’t be good enough because the breath tester they carry in the car is ust an indicater. Since I would not be going to the station then I would have to give blood in order for the BAC test to be official. I complied.
Yeah dipshit is an appropriate name for you. I said I have a lawyer. Can’t you read?
Ok I must clarify something. They took blood because I was in the hospital strapped to a bed. I had a neck injury and was not going to be released to the custody of the police. Since the official breath test anylizer is at the police station they insisted that I give them a blood sample instead or I would be automatically revoked the same way I would have been if I had refused a breath test at the station.
In: Cat Scan License · Tagged with: anything, blood, heard, never, sample, took
on June 21, 2010 at 8:20 pm
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you have a right to go to the police department and ask for your results because you may need it if you fail so you can get a lawyer
on June 21, 2010 at 8:35 pm
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Here are a few things to ponder. I never heard of the police take a blood sample [is this common in your state?]. Me the cynic am suspicious of your lawyer, he seems to want to make this a big thing [more money for him]. I personally would consult with another lawyer [find one of the heavy hitters-may cost more money but why not get the best]. You being 5’8″, 135lbs, 2 beers should not show up as a high alcohol level, which is why the cop did not use the standard Blow tester and yes your blood test could be tainted due to your previous tests. My guess is that they feel they do not have a good case and will drop it, except for other tickets you mention. Repeat, find another lawyer in the end the best will cost you less. A good lawyer would never tell you that you could be convicted without evidence. Good Luck and drink at home, it’s safer.
on June 21, 2010 at 9:16 pm
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It sounds to me that your attorney is giving you good advice.
However it never hurts to get a second opinion from another attorney who is competent in this field.
I would interview a few attorneys who practice law in this field and see what their opinions are.
The law on this varies from State to State and even the aggressiveness, policies and priorities of the District Attorneys vary from County to County.
If you get opinions from several attorneys who practice in your County and are familiar with the priorities and policies of The District attorney in your jurisdiction you will be able to determine whether your attorney is giving you good advice or not.
on June 21, 2010 at 10:00 pm
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you can take responsibility for your life and contact the lab for results. stop assuming everyone else needs to find the answers for you.