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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Gorlax] * 1
    #18661076 -

Hey OP, I figured Id reply since this happened to me with a state trooper last year. I figured It makes me qualified and I can offer some advice.

So I pulled out of a gas station with out turning my head lights back on, drove 4 blocks down a brightly lit main street of town with no clue til I got pulled over. I had only had my license 29 days prior. I waited til 21 to get it since living in a city my whole life I chose to walk around or simply date girls with cars lol.

Anyways, So I get pulled over, harassed, car searched multiple times. I pass his dumb ass test and for over an hour he persist on asking me what I was on.. Which was nothing. I was just being profiled. So finally officer dick head says straight to me "Your a fucking liar, and a ride down to the hospital will prove it!"

Next thing I know Im being arrest for suspicion of DUI, taken to the ER, given a blood test and urine test. I had a UTI at the time so the trooper watched me literally hold my dick infront of a urinal for nearly an hour before believing me that I couldn't piss. He wrote atleast in my favor I tried to cooperate on the urine test.
So I go to jail and get bailed the next day.

My first day at court I plead not guilty, and testified my side of the story and actually got my license reinstated temporarily until a final decision was to be ruled in my final case.

So heres how it played out. I got the shittiest public defender in the whole court room. I was living 300 miles away from the town my DUI occurred in, in another state.

I was told my blood test would take 3 months. Well it took more like 7 and I drove to 4-5 court dates that distance just to sit in court for an hour and be told my court date was extended.

Finally the day my blood test come in, I knew it would have THC in it, and my Public Defender tells me on the turn of a time to plea guilty. Well I tell him no, and he says "Listen, dont piss off the judge or prosecuting attorney, Their offering a favorable disposition of no jail time and a lesser payment plan" "If you take your chances and are not found innocent it will be harder on you"

So we argue for 10 fucking minutes before going in the court room.

And I stupidly plea guilty.

I got a 3 month license suspension, instructed to take classes to get it reinstated and fined $890.

Well, a month later I have another lawyer look at my case in an attempt to appeal my conviction.

He goes over my police report and finds out, there were no aggravated charges in my DUI case, and basically my public defender who buddy buddied me, lied last second to get me to plea guilty. I would have probably had my case dropped if I chose to stick up for myself.

But instead I owned up to something I was innocent of because I had been manipulated and emotionally exhausted from the whole process. I just wanted it to be over with, and caved in.

Make sure your friend hires a real good lawyer who specializes in DUI or defends himself. Tell him, Do not settle for less, and do not listen to a fucking word those cocksucking public defenders tell you. No one can say for certain how it will turn out, but Im letting your friend learn from my mistakes so he has the best chance possible to beat his case.

I wish him well, and have him read this post sometime.:peace:


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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: AbstraKt_I_Am]
    #18661205 -

-> Security and Safety


--------------------

"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: ch1ck3n.s0up]
    #18680824 -

Thankyou guys for the input so far.
I'm hanging with her again tomorrow, so I'll probably make a thread in the safety and security forum when I get an update on anything.

It is comforting to hear about your experiences, and input, regardless.

Unfortunately her last name is somewhat notorious due to things outside of her control, her family is a bit notorious and there was an extremely tragic/violent(no police officers harmed or anything) event that happened involving a close family member pretty recently and the name is, for better or worse, recognized among police officers around here. Her lawyer is not a public defender, but someone who has been working with her family and familiar with the reputation she's got on her shoulders. This is HER first offense outside of minor traffic citations, btw.

She was the designated driver that night, but she had one drink a couple hours earlier which she told the officer when stopped.
She was wearing heels and asked the officer intitially if she could take them off, because they were very uncomfortable - but did the field test in them when they refused.

And yes, she does drive a little like a senile elderly person regardless of sobriety(and I have caught her texting and yelled at her for it repeatedly). I know the area she was pulled over in and have been pulled over twice myself in the same exact spot late at night - she told me she was driving super carefully because she knew that it was a heavily patrolled area.


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Mama, here comes Midnight, with a dead Moon in it's jaws.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18680926 -

Im so happy I dont live in the states. "Suspicion" of DUI, that term is so loose and vague its begging to be abused. I cant believe your law makers actually allow that type of shit. Some freedom.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18680954 -

pirate-blues said:
Thankyou guys for the input so far.
I'm hanging with her again tomorrow, so I'll probably make a thread in the safety and security forum when I get an update on anything.

It is comforting to hear about your experiences, and input, regardless.

Unfortunately her last name is somewhat notorious due to things outside of her control, her family is a bit notorious and there was an extremely tragic/violent(no police officers harmed or anything) event that happened involving a close family member pretty recently and the name is, for better or worse, recognized among police officers around here. Her lawyer is not a public defender, but someone who has been working with her family and familiar with the reputation she's got on her shoulders. This is HER first offense outside of minor traffic citations, btw.

She was the designated driver that night, but she had one drink a couple hours earlier which she told the officer when stopped.
She was wearing heels and asked the officer intitially if she could take them off, because they were very uncomfortable - but did the field test in them when they refused.

And yes, she does drive a little like a senile elderly person regardless of sobriety(and I have caught her texting and yelled at her for it repeatedly). I know the area she was pulled over in and have been pulled over twice myself in the same exact spot late at night - she told me she was driving super carefully because she knew that it was a heavily patrolled area.


Contact enil he's a defense attorney and hell give you info..

This happened to a friend of mine.. God cops can be pigs


--------------------

:mushroom2:**need a check up?**:aliendance: **im a Doctor**:mushroom2:
:bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2:
i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Dr.Dankhead]
    #18680982 -

Yup, I absolutely intend to - but for now, we're waiting on actual formal charges...

...we're still not even sure if she was really arrested or detained?! The officers informed her she was being arrested, but still there have been no formal charges, her blood/prints/photo was taken, and at 5am she was released(not bailed out) to a cab driver who let her call our mutual friend who came and picked her up.


--------------------
Mama, here comes Midnight, with a dead Moon in it's jaws.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18681046 -

pirate-blues said:
Yup, I absolutely intend to - but for now, we're waiting on actual formal charges...

...we're still not even sure if she was really arrested or detained?! The officers informed her she was being arrested, but still there have been no formal charges, her blood/prints/photo was taken, and at 5am she was released(not bailed out) to a cab driver who let her call our mutual friend who came and picked her up.


IMO the charges will be dropped.. If they released her willingly... They could of detained her for 72 hours just on suspicion.. Fuck cops man.. If she has no prior convictions and that was her first time being detained, the cops are just over using their fucked up power.


--------------------

:mushroom2:**need a check up?**:aliendance: **im a Doctor**:mushroom2:
:bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2:
i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Dr.Dankhead]
    #18681083 -

I had a similar thing happen to me shortly after I turned 18, driving home sober one night, get pulled over just to be harassed by an officer. I didn't even get a breathylizer because it was obvious I wasn't drunk, but I was arrested and brought in to get a blood test. I was released that night to my parents, 6 months later blood test comes back and I had meth in my system from a few days before I was pulled over, license suspended for 6 months.

My attorney just had the court combine this charge with another set of charges that happened afterthis incident and I plead guilty and I wasn't actually "punished" for the DUI and it was just a petty misdemeanor. Well, its almost been a year since my license was revoked and I still don't have the money to have it reinstated upon all my court/attorney fees.


--------------------

HAIL SATAN

Vas donc jouer dans le traffic

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: volcomstoner]
    #18681103 -

volcomstoner said:
I had a similar thing happen to me shortly after I turned 18, driving home sober one night, get pulled over just to be harassed by an officer. I didn't even get a breathylizer because it was obvious I wasn't drunk, but I was arrested and brought in to get a blood test. I was released that night to my parents, 6 months later blood test comes back and I had meth in my system from a few days before I was pulled over, license suspended for 6 months.

My attorney just had the court combine this charge with another set of charges that happened afterthis incident and I plead guilty and I wasn't actually "punished" for the DUI and it was just a petty misdemeanor. Well, its almost been a year since my license was revoked and I still don't have the money to have it reinstated upon all my court/attorney fees.



FUCKNG PIGS!!

I wanna work a fast food place just so i can't shit in there food.


--------------------

:mushroom2:**need a check up?**:aliendance: **im a Doctor**:mushroom2:
:bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2::bow2:
i sometimes wish I was a wormy, wiggling all in the cold dirt...tickle tackle pickle dickle think a mackshift thought of broken words broken gears and words of conundrums..I'm not a weiner doctor so take that shit to dr. Gonz free boob inplant consultations.. Photo required

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Dr.Dankhead]
    #18681150 -

Dang, I am so sorry to hear about that volcomstormer..I too had my license suspended, but I actually consider it very fair/legitimate because it was when I was 17 and got caught doing 114 in a 55. I think I would be a lot more reckless a driver now if that cop hadn't ticketed me - and even he said at the time that he felt like he wouldn't be doing his job if he just left me off without fully realizing the consquences of driving irresponsibly(I had my license for 2 whole months at the time, btw).


Neither of us hate cops by default, and it is true that it's always a possibility that a friend could be lying about how fucked up they are - but this girl is one I trust, in terms of honestly assessing a situation and herself. I know that if she was fucked up she would probably admit it to me, at the very least.

Meth shouldn't be in her system - the only things she's done this summer is weed, acid, and mushrooms - I guess we're just mainly concerned about the thc level in her blood, even though they didn't find anything illegal on her.


--------------------
Mama, here comes Midnight, with a dead Moon in it's jaws.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: azur]
    #18681636 -

Quote:
azur said:DO NOT hire an attorney from norml. They smoke too much pot and aren't motivated to fight hard.  Good luck.


I have to disagree.  I had goodluck with a lawyer listed by norml. :shrug:

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18681657 -

pirate-blues said:
1. 21 year old pulled over for suspicion of dui, verbatim.


This may or may not be a legal stop, but it's unlikely that a court would find it to be unreasonable unless a dash cam is available that shows no erratic driving.
Quote:
2. passed breathalyzer and field tests.

3. Car searched without consent(though i do not know if she explicity said 'I do not consent' but she definitely did not say yes), no passengers(2 others) searched. Nothing illegl turned up.


The search may or may not have been legal.  If the cop had reasonable suspicion of a weapon, he can search the car for one.
Quote:
4. Friend is told she's being arrested, again "for suspicion of DUI" and needed to submit to a chemical(blood test). In pennsylvania a law was passed saying you CAN refuse the test but your license is automatically suspended for a year and you're fined.


If your friend is as much of a pothead as you say, the cops probably noticed the effects of chronic marijuana use and suspected she was high at the time.  This is not uncommon.
Quote:
5. Was not read Miranda rights until after she had been cuffed, taken to the station and bloodtested - they fingerprinted and took her picture. Massive bruising and pain from the needle she is see a doctor about.


The Miranda issue is irrelevant.  The bruising is also irrelevant unless the doctor committed malpractice.  I'd say that's unlikely here.  Sometimes blood draws cause bruising.
Quote:
6. After she was free to go(given a release for her items) she was told she still could not leave unless a cab took her home - or make another phone call to call a friend because "if you got mugged or assaulted it could be blamed on us." Kept claiming she was in no state to walk home on her own, despite the fact that even if she was drunk when pulled over(which she was not) hours have passed. Cab driver was sympathetic and tells her to get a lawyer and just let her call her ride.

She has a lawyer she is talking to 2 people witnessed the search without consent, and the fact that her miranda rights were not read immediately upon arrest. Photographed arm and talking to doctor. So far she has no paperwork and is waiting on them to send her stuff.


The thing is she smokes weed frequently - she was not high at the time, and I have to ask her about when she had last smoked before that and is only really concerned that THC will show up in her blood and that will fuck her over, even if she wasn't high at the time. 

Very confusing, any similar experiences or input is very much appreciated - thanks in advance!


The bottom line is even if the search of the car was illegal, that doesn't help her because it didn't yield any evidence and was not the basis for drawing blood.  Unless the stop is considered illegal or the blood draw is considered illegal, there will be no suppression of evidence.

Having said that, it's not clear how much evidence there is against her.  Ultimately, this will come down to how much THC is active in her blood at the time of the draw, and what the experts will say about the effects of that much THC and/or any tolerance she may have developed.


--------------------
Censoring opposing views since 2014.



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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Enlil] * 1
    #18682501 -

scary world we live in.


--------------------
Long live kratom :kratom:

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: danielx]
    #18682542 -

Yeah, real scary. The power they have.


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+1 Post ٩(̾๏̮̮̃̾๏̃̾)۶


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