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How and when will I know if the police took any evidence from the scene of my DUI? Forensics, DNA, blood, pictures, etc..

Marcus Hook, PA |

The affidavit written by the officer states that there was only blood found on the drivers side steering wheel, and on a sandal found in the car. My friend was driving, flipped my car, and ran before I even came to. I crawled out through the drivers side, and was outside my car when the officers came on the scene, they believe I was driving, and arrested me for DUI, I was on parole for a simple asslt charge that happened last year, I was released that night, then booked the next day by my PO for picking up the charge, giving my friend enough time to heal and deny even being at the scene. I can't afford an attorney and have to go with a PD. Going to try and cross examine the cop on minutiae on how he handled the scene and "searched" for the driver and assumed it was me

Attorney Answers 3

Posted

This is certainly a case you will want to sit down and go over with whatever attorney you chose to represent you. There is absolutely nothing wrong with using a public defender. Some are very good attorneys. Sit down with them prior to any hearing you have and go over any defenses that you may have. I hope this helps!!!

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3 comments

Asker

Posted

It helps but didn't really answer my initial question, if the cop took blood from the car as evidence that would prove me not driving, or how I would know what evidence he took, would it appear in my summons?

Zachary Cooper

Zachary Cooper

Posted

Your attorney would be able to request the discovery in the case including but not limited to anything that was taken from the vehicle. This is something you will want to talk with he/she about because in all Counties there are deadlines to request discovery as well as file potential motions to help the outcome of your case.

Asker

Posted

Thank you. I' am on parole anyway so I plan on fighting this to the end, it being my 2nd DUI and me on parole I know what I' am facing, I don't have much to risk, and considering not only was I not in the car, said nothing, but I also refused the field test and was never offered a chemical test at the station (though the affidavit says differently) I do not think they can prove beyond a reasonable doubt that I was DUI let alone driving.

Posted

You should stop posting information on public sites. Additionally, you need to sit down with your lawyer and be prepared right from the beginning. Good luck.

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Posted

First, no more posts. Go out and get an experienced attorney and Mr. Cooper is correct, using the public defender is fine, if you qualify. Contrary to some opinion on the street, Public Defenders are real lawyers and criminal defense is what they do all day, every day. Just like private attorneys, some are better than others. Good luck.

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