TJ gets a DUI

[wmc540]

Where was his fall guy???

 

[OnceARam]

It could have just been a bad reaction to a flu vaccine. We have no idea. Innocent until proven guilty, remember?

 

[LesBaker]

And it certainly doesn't just have to be people who are abusing. People could have lung disease but also be on opioids. That would increase the risk of the chance to stop breathing.

Having naloxone around for a loved one would be something to really have in mind. If the situation was to call for it.

Has she had anyone show up with a prescription for it?

 

[A.J. Hicks]

Has she had anyone show up with a prescription for it?

I'm not sure you have to have a prescription for it. But I will ask her and get back to you later.

 

[A.J. Hicks]

I'm not sure you have to have a prescription for it. But I will ask her and get back to you later.

So the law for prescriptions is a state by state law. And while it has been passed to not need a prescription here in WV it still hasn't been written into the law. And yes she has filled one prescription for it at this time. She's been certified for about 1 month.

 

[Selassie I]

Where was his fall guy???

 

[PARAM]

The way I heard it on the radio today was he hit a parked car and waited around for the cops. Don't know if he's the one who called them but he didn't run away. My take is he didn't think he was impaired and if it was non-alcoholic DUI, that's better than blowing .18. There are housewives who've been pulled over in the morning for DUI under the influence of ambien. It might be an honest mistake on his part. Or we could jump to conclusions.

 

[Mike]

Fairly typical in a DWI situation. Otherwise - lawyers argue that the defendant was deprived the opportunity to collect evidence in their own defense during the relevant time. (In other words, he can't go get his own independent blood test if he is still in jail).

It was in ca. They would give him the Trombetta advisement if they took a blood sample. It means they would ask him if he wanted two samples drawn one for the police to test and one for his own testing purposes. If it was DUI drugs they take blood.

 

[Mike]

welp....it's already starting....when you stop, after hitting a car....then get arrested...I mean...if you didn't smell alcohol?
IDK....Maybe he was wobbling...In any case, it's never, sir did you hit your head, do you need medical attention? It's you're under arrest...
No problem...TJ's a solid dude...But if TJ can get in trouble...geez....

They do ask if you've hit your head among other questions.

 

[12intheBox]

It was in ca. They would give him the Trombetta advisement if they took a blood sample. It means they would ask him if he wanted two samples drawn one for the police to test and one for his own testing purposes. If it was DUI drugs they take blood.

Interesting way to handle it. What about the other indicia of impairment? Do they allow witnesses to come back and see the defendant upon request? Can you get SFSTs from a non cop? Is it normal in Cali to release a DUI without bail or does the Trombetta advisement make it a non issue?

 

[LACHAMP46]

They do ask if you've hit your head among other questions.

And sometimes, in severe cases, you wouldn't be able to remember that....You'd be confused......

 

[RamWoodie]

I think this is typically a "wait and see" situation. TJ acted responsibly here...so my first inclination is to just stand by and with for the facts to come out.

 

[Mike]

Interesting way to handle it. What about the other indicia of impairment? Do they allow witnesses to come back and see the defendant upon request? Can you get SFSTs from a non cop? Is it normal in Cali to release a DUI without bail or does the Trombetta advisement make it a non issue?

It's not normal to release a Dui suspect where I work. That doesn't mean they don't do it in LA county though. I don't think they'd do it unless there was a person to babysit the Dui suspect i.e. Sober family member etc. too much liability these days.

FSTs wouldn't be given by a non law enforcement officer. Trombetta is basically an offer to the suspect for another vial of blood to test on their own if they choose to do so. Dui suspects are held til sober or deemed to be unimpaired. They don't allow wits into the lockup. Where I work we use a dui worksheet all the questions that need to be asked are on it. Also, if a suspect has been a crash, we have to take them to the local hospital for a checkup and an ok to book.

 

[Mike]

And sometimes, in severe cases, you wouldn't be able to remember that....You'd be confused......

See my post to 12inthe box please

 

[VegasRam]

Interesting way to handle it. What about the other indicia of impairment? Do they allow witnesses to come back and see the defendant upon request? Can you get SFSTs from a non cop? Is it normal in Cali to release a DUI without bail or does the Trombetta advisement make it a non issue?

69 in a month and have never seen that word before.
Good for you @ 12inthebox.

 

[12intheBox]

It's not normal to release a Dui suspect where I work. That doesn't mean they don't do it in LA county though. I don't think they'd do it unless there was a person to babysit the Dui suspect i.e. Sober family member etc. too much liability these days.

FSTs wouldn't be given by a non law enforcement officer. Trombetta is basically an offer to the suspect for another vial of blood to test on their own if they choose to do so. Dui suspects are held til sober or deemed to be unimpaired. They don't allow wits into the lockup. Where I work we use a dui worksheet all the questions that need to be asked are on it. Also, if a suspect has been a crash, we have to take them to the local hospital for a checkup and an ok to book.

In my state, we try to get close cases in front of someone w NHTSA training (and on video) as soon as we can after arrest. Part of that is our LEOs have a horrible track record of "losing" their dash cam video or doing all testing off camera. But for blood tests - we have to go to a phlebotomist. It's a good idea for LEOs to pull two samples and offer one to the defendant but it never happens here.

@VegasRam - get me talking shop and I've got all the best words. I can't spell them for dookie or use them properly but they spill right out of my mouth nonetheless.

 

[Mike]

We use a vampire (phlebotomist) to draw the blood from a dui suspect. The suspect by ca law is given the choice of a breath sample or a blood sample. The blood draw is done on a check list. The check list is to ensure the suspects rights as well as to be of evidentiary value. There are also Ca. DMV forms to be filled out. The forms have required admonitions that we have to read verbatim to the dui suspect to ensure the suspect understands their rights. Ca is an implied consent state. I.e. Driving is a privilege not a right. In Ca. When you sign to get a license to drive you agree on demand of a police officer when stopped for DUI you agree to submit to FSTs.

 

[12intheBox]

We use a vampire (phlebotomist) to draw the blood from a dui suspect. The suspect by ca law is given the choice of a breath sample or a blood sample. The blood draw is done on a check list. The check list is to ensure the suspects rights as well as to be of evidentiary value. There are also Ca. DMV forms to be filled out. The forms have required admonitions that we have to read verbatim to the dui suspect to ensure the suspect understands their rights. Ca is an implied consent state. I.e. Driving is a privilege not a right. In Ca. When you sign to get a license to drive you agree on demand of a police officer when stopped for DUI you agree to submit to FSTs.

Yeah, we are implied consent as well - but it really only means that if it refuse the ECIR (intox) then you lose your license- you can still refuse SFSTs (although a judge or jury can infer guilt from such a refusal).

It seems you and I see our various systems from different sides of the aisle - as you sound very much like a cop. If that's the case - and since I'm sure you don't hear it very often from defense lawyers - thank you for putting it on the line every day. I butt heads with LEOs seemingly every day but I still haven't lost my appreciation and awe for what they do.

 

[Mike]

Yeah I'm a cop. And proud of it. The penalty for refusal is less than for the conviction. Guess what people take these days

 

[Mike]

Yeah, we are implied consent as well - but it really only means that if it refuse the ECIR (intox) then you lose your license- you can still refuse SFSTs (although a judge or jury can infer guilt from such a refusal).

It seems you and I see our various systems from different sides of the aisle - as you sound very much like a cop. If that's the case - and since I'm sure you don't hear it very often from defense lawyers - thank you for putting it on the line every day. I butt heads with LEOs seemingly every day but I still haven't lost my appreciation and awe for what they do.

Thank you.