Asked about 1 year ago - Philadelphia, PAFlag
i got a dui in philly and they couldn t find my vein after the 6th try they gave up..They didnt mark it as a refusal but said my veins where to shot out to hit blaming me.
(its a lie,im just a big guy with hard to find veins).But the jail i went to 24 hours later got it in one try but that blood isnt going to be introduced as evidence the pd said cause of timing..Do i have a chance of beating the case.the public defender just told me about the blood cause i asked if i refused and he said thats just what the aid officer wrote..Could the judge say i refused cause the nurse couldnt find my vein ??
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Since you currently have counsel, you should direct that question to him/her. There are a number of different ways to prove DUIs and a number of degrees for DUIs. If you are not satisfied with the public defender, contact another attorney for a free consultation.
Michael L. Doyle
As an attorney has already reviewed the facts of the case and read through the paperwork, it is better to direct your questions to him/her as they are in the best position to answer your questions. You are giving us the facts from your perspective, but an attorney also wants to know what the officers are saying transpired. I recommend that you direct your questions to your public defender as he has the most information about your case.
Jason S. Dunkle, Esquire
D & H Law Group, P.C.
State College, PA 16801
If you did not refuse the test and the failure to draw blood was the State's fault, then you should be considered to be in the lowest BAC level. No attorney can say whether you can beat the case based on what you stated above. You should hire an experienced local attorney to represent you.
Ellis Klein, Esquire
Young, Klein and Associates
No attorney can tell you whether you will win or lose because there are more factors than a subjective case view. The judge and/or jury can feel different factors deserve more weight than others greatly changing a case's perceived dynamics. Some other factors include:
1. Whether failing to draw the blood was actually the State's fault?
2. If you participated in a field sobriety test and if so what the results were?
3. The reason the police initially stopped you?
4. Was another substitute test taken such as one for urine or breath?
5. Was any other evidence found inside your vehicle?
So consult in attorney in your area and many will give you a free initial consultation.
As my colleagues have stated, you should discuss this case with your lawyer. That being said, in Philadelphia, the police usually read from a form and then ask you if you want to take the test. Then, the police check a box indicating your response, yes or no. Then police ask you to sign the form. While it is possible for you to agree to take the test and then refuse, it is unlikely that a judge would find the nurse's inability to find your vein as a refusal. However, if the police wrote something different on the paperwork that indicates you refused, you should discuss that with your lawyer. Your lawyer may want to call the nurse as a witness.
Furthermore, if the police officer said you refused, he should have filled out a form and sent it to PennDOT. PennDOT would then mail you a suspension notice. If you did not get that notice, then maybe the police officer did not fill it out. If he did not fill it out, your attorney could argue that the officer did not fill it out because you did not refuse.
If you did get a suspension notice from PennDOT, you have thirty (30) days to file an appeal. That suspension is separate and apart from any suspension you may receive if convicted in the underlying DUI case. You do not have the right to a PD for that appeal so you should talk to a private attorney if and when you get that notice.
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