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Ratings. Guidance. The Right Lawyer.
1st DUI, 0.13BAC, drink spiked with extra alcohol, arresting officer behaving unprofessionally
San Francisco, CA
Viewed 65 times.
Posted about 1 month ago in DUI / DWI
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I was pulled over for driving fast and cutting someone off (but not charged with that). I responded to the police lights immediately and followed their instructions of where to pull over to the letter.
I stopped drinking ~1.5hrs prior. I was not told I didn't have to preform the field tests or breathe into the tube. I blew a 0.13, and later find out additional alcohol was added to my drink without my knowledge. The arresting officer broke a handle off my car door, chucked it inside my car, and also chucked my motorcycle helmet carelessly into the trunk after making the arrest. I gave blood at the police station and was told it will take 2 weeks for the results. How do I find out the results of the blood test? Is it possible to do something about the officer's behavior? Should I contest? Answers (4)
Jason Y. Chan
This attorney is licensed in Massachusetts.
Posted about 1 month ago.
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You should talk to an attorney about your case. The prosecution needs to turn over information regarding your blood alcohol results.
Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only. 
Matthew Edward Williamson
This attorney is licensed in California.
Posted about 1 month ago.
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I am an attorney in California and I do DUI defense.
Unfortunately the officer no behaving professionally will not really help you (happens all the time). The fact that the didn't charge you with the cut off really doesn't have a bearing. The additional alcohol doesn't have impact either since the voluntary action they are looking for under the law is just the drinking of alcohol itself. The amount of time to get the blood results seems appropriate. You probably will not get the results until the court date. You need to request a DMV hearing within 10 days (calendar from arrest) if you want a chance of keeping your license. You can file a complaint at the police department against the officer, do not let the intimidate you (they sometimes try to scare you into not filing a complaint), but I wouldn't file until the case is over. Whether or not you contest the case depends on your overall goals which are not listed here. Hope the above answers your questions. You can look at my site for more information. Good luck with the situation. Matthew Williamson www.MontereyDUI.com 
Amy Treanor Morell
This attorney is licensed in California.
Posted about 1 month ago.
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You can find out the blood test at your first court date. The Officer's behavior can be contested by filing a Pitchess Motion. Yes, you should always fight a criminal charge. I practice in San Francisco.
Edward Jerome Blum
This attorney is licensed in California.
Posted about 1 month ago.
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The blood results will be turned over by the prosecution. You will have an opportunity to obtain a sample and have it tested at your own lab. My advice is to take advantage of that.
You can make a complaint with the police department for the officer's conduct. You can make a civil tort claim for the damage to your car/helmet. Edward J. Blum |
