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Discrepancies in BAC reading and officer statments. Banning, CA

Banning, CA |

I was arrested at 7:55pm-- officer states that at 9:30 i attemepted to do a breath test 3 times and failed to blow into device, yet on another part of the report he inserts 2 readings with reciept paper from 9;30. Beings i 'failed' the breath we did a blood test. That was at 10:30 and it came back same results as an hour prior. Then on aother form from the Biotesting it states blood was taken at 11:30 (3 1/2 hours) with same results as first & second breath and the 10:30 blood. When the breath was taken i hadn't driven for an hour and half. so what is my defense on this? Viewing the case online it says vc m23578 refused chem test. This has be baffled
i will be using a court ordered defender.

Attorney Answers 4


  1. Sounds like there are inconsistencies in the police report and lab work that can be used to your advantage. Also sounds like they are claiming that the blood was a forced draw.....something your attorney can look into further. Good luck on your case.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


  2. I don't think you should be seeking advice on what to do here. If you have a public defender, trust that they will look into and prepare an appropriate defense. Your Public Defender is a licensed attorney. If you don't trust they will do their job, than start looking for a private attorney. Without a solid understanding of all the facts, anything we could offer would be speculation.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  3. You are going to be requesting the services of the public defender and this is an issue that you need to address with them. The issue you will run into is the PD does not represent you in the DMV action and the DMV based on the police report will suspend you license for a year, unless you hire a competent attorney to fight for you.
    Robert Driessen


  4. Without knowing the test results, it is hard to suggest a defense. First, the breath test seems unreliable on its face as the cop says at least once, you did not take it. Were you read a very long admonishment before the blood draw that explained if you did not take a blood or breath test that you would lose your license. It is not a refusal if you cannot complete the breath test and have to go to a blood test unless you say you aren't doing either. Also, the breath machine should have the failed or completed test in its memory and your lawyer should be asking for that in discovery.

    Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.

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