I have a preliminary arraignment tomorrow, and the arresting officer mentioned that my blood test still hasn't come. They said the hospital is very "backed up" with their tests. I've spoken to a few people in the medical field that say this isn't true, and that it was probably lost. The test was taken 1-1/2 months ago. Is it possible I will not be charged because there are no blood tests?
Most importantly, you are cloaked with the presumption of innocence. Equally important, you have the right to assistance of counsel at all stages of the proceedings. Finally, you have a right to remain silent and not make any statements.
My best advice is to immediately speak to an experienced criminal defense attorney in your area. If you are unable to afford counsel, contact the public defender in the county where you are charged. Do NOT assume that the blood test results are lost or that you will not be charged. To the contrary, you are asked to appear for the arraignment and preliminary hearing tomorrow because the case remains pending against you. Many defendants are charged, convicted and sentenced for DUI without blood tests every day.
Having said all that, your attorney can assist you in evaluating the evidence as well as your eligibility for the ARD program, which if successfully completed will result in no record. Do NOT attempt to do this alone. Good luck!
First off, your last inquiry receives a resounding NO. You have already been charged by Criminal Summons. You state that you have a preliminary arraignment tomorrow. While I guess it's possible that Chester County has a different procedural setup, in my experience, preliminary arraignments on cases initiated by Summons occur in conjunction with the preliminary hearing for which you should have legal representation. In spite of the feedback you've received from people "in the medical field" the 1 1/2 month delay doesn't surprise me. If you are in fact scheduled for a preliminary hearing tomorrow and the results are still not available to the prosecution, you can expect a request from them to postpone the hearing. If they don't and you don't have counsel with you then you should politely request a continuance to secure representation. You might face encouragement from people at the magistrate's office to WAIVE your right to a preliminary hearing. Politely decline that option and ask for time to secure counsel. VERY important. The process of securing counsel should have started no later than your receipt of the Summons. It appears you are devoting your time to trying to figure this out on your own. That is a very poor choice. Good luck.
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