Skip to main content

Please help - I have multiple medical issues and refused a blood test in the back of police car. Will I lose license?

Lynnwood, WA |

I was denied the ability to do a Breathalyzer . I have DEGENERATION DISK DISEASE and have a disabled driver's license with a plaque on my mirror . I did a field test but am physically unable to have my eyes track correctly , I can't tilt my head back because of neck plates , I have a plate in my ankle so I can't stand straight . The officer never put me under arrest but asked me to come to his police car to take a blood test . There is NO WAY I was going to take a blood test in his police car . I asked to call my lawyer and he wouldn't let me . He had my car towed even though I was a block away from home ( where they've pulled me over constantly since the death of my daughter harassing me because I got a lawyer upon strange accusations after ) much more to this story . . . . PLEASE HELP ! ! ! ! !

+ Read More

Attorney answers 4

Posted

Sounds like you have some very interesting and REAL issues in this DUI, personal disabilities that aid you in your decision making and reasoning for what you have done. You need to get an attorney to explore all of these issues and reasonings and put you in the best light possible for the State and then possibly for a jury. Get an experienced attorney now. I am not close enough to feasibly be your attorney seeing that I am in Moses Lake and you live in Lynnwood so I assume the matter is on the coast. There are a number of skilled, experienced attorney in your local area that will do a great job on your case. If you can 't afford a private attorney then ask for a PD for sure and explain your issues. Good Luck to you.

Patrick Owen Earl

Patrick Owen Earl

Posted

Again I would call you but it is very late tonight and I live so far away I assume you will be getting an attorney from over there. Good Luck to you.

Posted

That's going to be a very interesting DUI case. There is no way to answer all your questions on Avvo. You need to get a few free consultations with local attorneys. There are some key facts missing, such as whether the cop read you your implied consent warnings, rights and other things, that cannot be ascertained until your attorney gets a hold of the police reports, meets with you, and does some research. I think you likely have some basis to challenge the DOL suspension of your license. Because it is technically a refusal, the DOL can revoke your license for 1 year. You can ask for a hearing in order to challenge the suspension, which I'd advise you to do. You should have received paperwork from the cop on how to do this. Send it in within the 20 days and hire an attorney to represent you on it.

In a couple months, you will likely be charged with DUI and the court will mail you a summons to appear. If you don't/ can't afford to hire a private attorney on the criminal charge, at least get one for the DOL suspension hearing, as you have some issues here and are looking at a long period of revocation.

FYI- it's mandatory that the cop tow your car if you are arrested for a DUI and that a 12 hr hold is placed on it. The law does not give police the option of leaving it. I've had cases where it was towed from the person's driveway. It doesn't matter where the car is, so don't blame that one on the cop.

Asker

Posted

The officer never gave me any paperwork even though I asked for it. I was on my way home from getting ingredients to make my son a birthday cake and showed him the bag of things. He wasn't mean to me, he just didn't even have grounds to pull me over. I told him the only thing I'd taken that day was lexapro and the only reason I think he pulled me over was because it was late at night. I was so busy all day but had to get that cake done so I wouldn't break my son's heart. He claims I was speeding but I was actually stopped at a light that turns into my neighborhood prior to this and my car can't physically possibly speed up the hill prior. I was completely sober but there were no handcuffs, no arrest, but he read me a paper of what happens if I refuse the blood test. He never said he would take me to a hospital to do a blood test and I just thought the whole situation was strange. He can't give me a DUI because I have a lazy eye that doesn't track right. He didn't even run my driver's license or ask for insurance and registration. None of this makes any sense. The officer kept saying, "You seem like a very nice lady." That's because I AM! I was respectful but totally taken back by the situation, alone and didn't have a clue as to what to do because I've never even been arrested before. It was not only insulting and embarrassing because of my physical limitations but because I'm a good citizen just trying to be a good mom. I didn't get anything about this until yesterday in the mail when it said I had 20 days from the incident to respond. It was 19 days prior to the incident when I got this letter. I don't know what to respond with.

Jessica Lorene Campbell

Jessica Lorene Campbell

Posted

It is very strange the way this went down. Speeding is a valid reason to stop you, but if your attorney can show that you were not speeding, that would be a basis for getting the case dismissed, once you are charged. Your disabilities and the facts you described, will also make this case very hard case for the prosecutor to sell. There is a lot more that I would like to discuss with you, but Avvo is not the best forum to do so. Even if you don't hire me or do not want a private attorney, I would be happy to just sit down with you and explain what is going on. I understand how stressful and frankly frightening this kind of thing is for someone who has never been in trouble before and it will hopefully bring you some peace of mind to get more information on it. If you are interested doing so, please email or call me through Avvo. ALSO- do you mean that the DOL response is due tomorrow? If so, you need to fill it out and send in the check ASAP if you want to challenge the suspension! If you don't do anything, the DOL will suspend your license for a year.

Asker

Posted

All I got was a letter in the mail, nothing from the officer. The letter was from the DOL and says I need to fill out the Driver's Hearing Request Form (which I have no idea what that is and never received), plus pay the required fee, (which I have nothing saying what the fee is) I now see that the forms are on their web site but it said if I can prove indigence, (which I actually could qualify for at this point) as just as you said you didn't want to go into everything here, I don't want to go into all of that here either. However, this did say I could write a written request (which I did do) and I mailed it today as certified and someone has to sign for it and I'll get a confirmation to prove they receive it. The letter will in fact be postmarked within the 20 days from the date of the incident. I included copies of medical records proving that I've got several disk issues and have plates in my neck, etc. I didn't have time to get recent proof about my eye and ankle but included in the letter that I could. I bet they are so awful, they'll claim they never received my letter. (It's okay for them but not for the citizen that has no time or info to send this in time). Anyway, I would like to talk to you. From what I gather this might be more than just fighting the allegations. There's no way I was speeding and as a matter of fact, I've been pulled over in that same exact spot at least once per month for several months now and always let go. One time an officer accused me of purposely shining my headlights into his rear view mirror at the stop light and he jumped out of his car and started yelling and shaking his fist at me. He also accused me of drinking but then just let me go. My headlights don't move and it's on a hill so I would have no possible way of purposely pointing my lights into his mirror, at least as far as I know. I meant that the incident was 19 days prior so I only had 1 day to respond, yes. The way I wrote that part wasn't very clear above. I will contact you tomorrow.

Jessica Lorene Campbell

Jessica Lorene Campbell

Posted

Did you send in this form? http://www.dol.wa.gov/forms/525001.pdf this is what you have to give them

Asker

Posted

No, unfortunately I did not even get that form. The letter I got in the bottom paragraph said to send the "Driver's Hearing Request" form, which is probably the same thing but not included with the letter I received. Then it went on to say, "or written request along with the required fee unless you provide proof on indigence". There is nothing that says anything about a fee or what they would need to prove indigence because the letter doesn't say. I felt I didn't have time to do research on the internet because I just wanted to get my letter written and send it on time. I wrote a response and explained this and said I wanted to contest the revokation of my driver's license and mailed it to be received today 2/28/13 by noon with a request for a signature to confirm they got it. I kept the receipt from the post office and copies of what I sent, showing that I mailed it too. I was so nervous and tried to get this done on time. Unfortunately afterwards, I re-read on the letter that there are forms on the DOL web site. Luckily I think my letter was inclusive enough that if the people at the DOL will actually read it. I do need help with this for sure.

Jessica Lorene Campbell

Jessica Lorene Campbell

Posted

Print and fill out this form http://www.dol.wa.gov/forms/525010.pdf and the form above and get them to the post office and post marked today. Your letter will probably not be enough.

Posted

I agree with the previous two answers. With the facts you mentioned, this could be a case with strong facts in your favor. As with any case,however, you need to look at all the facts & that will only happen once we have access to the police reports.

Ask for the DOL hearing by filing your request within 20 days of the stop. The police officer should have given you a hearing request form. Have an attorney fight the DOL hearing for you. Do NOT plead guilty to this offense. Have someone like myself help you with it.

Craig Cahoon
The Cahoon Law Office, PLLC
206-795-1779

Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779 cahoonlaw@gmail.com

Posted

Contact one of the skilled DUI attorneys on AVVO!

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer