Skip to main content
Jason Alan Kaufman

Jason Kaufman’s Answers

1 total

  • Will i be able to get my dui case dismissed if never served w papers for a conviction on a accident 10mon ago w/ blood evidence

    I was out on happy hour drinking then around 11 or 12pm left to go home, about a block from my house due to the fatigue I fell asleep on the wheel and jumped a median on the left, hit a palm tree and flipped my car. The onstar contacted help from ...

    Jason’s Answer

    The standard for the Police officer to compel the taking of your blood without consent is whether they have reason to believe that there has been serious bodily injury or death of someone as result of the accident. Whether this had occurred in this particular case is at question as the Judge will have to determine whether the officer at the time believed that you were suffering from a life-threatening injury that could have led to permanent disfigurement or disability and/or death. The reason they did not give you a ticket is because it takes a little while for the police to get the blood results and to determine the cause of accident. If they don't give you a ticket then they they are not subject to natural speedy trial concerns that can range from 3 months to 6 months to bring charges against you. They still may bring charges or you may get lucky and slip through the cracks and never get charged at all. The bottom line is, until charges are filed, they are no charges to get dismissed. You will have to rely on the statute of limitations for whatever they decide to charge you with before you are free and clear of the potential of being charged with a crime.

    See question