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Dui in philly..

Philadelphia, PA |

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 ??

Attorney Answers 5

Posted

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.

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Posted

Thank you sir,ive obtained counsel but i just wanted to answer your questions..1) They seem to be blaming me saying my veins where shot out due to IV drug use.Which doesnt hold weight because CFCF hit my vein on the 1st try. 2) Philly cops from what i was told never do field sobriety tests cause their not trained too.I was arrested on suspicion because he said my eyes were pinned. 3) I was wondering the same thing.I asked the officer what did i do..He said nothing yet,then pulled me out of my car without my permission..Yes,i was in a hig drug area,and yes im white. 4)They never asked me for a urine or breath sample. 5) They found works,but didnt take them..I dont know why,but they are legal in philly confinfes as to suburbs there considered drug paraphenelia.. One thing if your in court believe your clients when they say the police lie..These cops lied about every single moving violation.. They wrote me up for fail to signal,no seatbelt,and no insurance..He never asked for my insurance but i gave it to him anyway..I signaled of course he was in a marked car,and my belt was on..Believe me my car makes the most annoying sound if i dont.. I just couldnt believe how much the lied on every count !!! Every count sir !! I was pulled over for being white in a drug traffic area period..

Posted

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

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Posted

The pd actually let me see the complaint.It was short.It said they were on patrol,pulled me over for not signaling.They found syringes and saw my eyes were pinned and arrested me in suspicion of dui..It just bothers me i have to pay thousands of dollars now for an attorney..It wouldnt bother me if the officers made a righteous stop but they pulled me over,yanked me outta my car and made up every traffic violation..Then the nurse couldnt hit my vein,so im presumed guilty..I mean i didnt consent cause i was dirty..I had the drugs in my car..They just couldnt find them,cause i hadnt had a chance to do them yet.

Jason S Dunkle

Jason S Dunkle

Posted

The police do sometimes file charges that they shouldn't or file charges in which evidence was obtained in violation of the person's constitutional rights. The problem is that the court is not your friend. In many situations, if a person does not object to the admission of evidence or seek suppression, or raise proper arguments at the right time, those arguments and issues can be waived forever. Our system is not necessarily fair, and you need a good defense attorney from that area to help get you through it. I understand your frustration, but it will be more frustrating if you lose the case and then must suffer the penalties associated with a conviction.

Posted

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
215-639-5297
Young, Klein and Associates
www.ykacrim,.com

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Posted

Well,it was suspicion of duid,they said they found syringes which they didnt confiscate cause in philly your allowed to have them and the complaint said my eyes were pinned so they took me in on suspicion.

Posted

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
(215) 735-5900

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Posted

Well,im going to hire counsel but ive read the complaint.It says the two philly cops where on patrol when i didnt put on my blinker.They found syringes and saw my eyes were pinned at this point they said they arrested me on suspicion.. It just makes me mad i have to pay thousands of dollars now cause the police officers totally lied..I was white in a drug area,thats enough..In philly i havent had a case where the officer didnt lie,or didnt assault me..

Posted

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.

Good luck,

Ken Chotiner

The information provided here is not intended to provide legal advice on any subject nor is it intended to create an attorney-client relationship. Actual resolution of legal issues depends upon many factors, including variations of facts and state laws. The information is provided for information purposes only.

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