Alcohol & Drugs: DUI, DWI Felony DUI

[CdwJava]

The interesting part is my friend admitted to me that he feels he does have a problem with the Valium he is taking and wants to go into a program to get help. He is at a minor amount (10mg daily) but just can't seem to stop. If he did that would that be an admission of guilt?

Getting help shouldn't be an admission of guilt. Besides, even if it were, does he want to risk his life or someone else's again because of what getting help might appear to convey?

Also, he has been in contact with the DMV and they claim it doesn't matter what the outcome in court is. Even if the charges were completely dropped, they will still most probably suspend his license.

That's true. Provided they have reason to believe he had a BAC of .08 or above, they can suspend.

Personally I can't understand that but they said they only go by two criteria. 1) Was he in fact the driver of the vehicle? 2) Did the officer have probable cause? Is a minor fender bender probable cause?

Yep.

He just thought it was a close call and felt the wind move his car as the other one passed. That is how minor it was.

Or ... he was too impaired to comprehend the true situation.

The first thing that goes with impairment on either drugs or alcohol is one's ability to evaluate their own situation.

The DMV review costs $120. Do you see any point in doing that if the initial decision was to suspend?

If he is found not guilty, sure.

He will also be asking for a sample of the blood so he can have his own analysis done. He wants to obviously do it now before the DMV hearing.

I doubt they will release it to him ... they might release it to his attorney who can then make arrangements for his lab to pick up the sample from the state's lab. They aren't just going to give him a vial and say "Here ya go!"

If he asks for another analysis for DNA and/or BAC it is my understanding that would be a huge expense even though it's relatively inexpensive in an independent lab.

It depends on what he wants to do. There are multiple levels of tox screens and DNA tests, and different levels of expense. The cost will vary depending on what he wants done and where.

I read numerous stories where the blood tested got mixed up with blood belonging to someone else.

I read numerous stories of alien abductions ... reading about them doesn't mean they happened. And a past incident is not necessarily an indicator of a current problem. It is something that his attorney can raise to try and create reasonable doubt, however - especially if there is a recent history of such errors that has been confirmed.

I don't mean to offend you but if he did ask for that and they did it how does he know he can still trust the results? Do you know how asking for this blood retest is done and what the best way to do it is?

He can pay for a test to be done at a lab of his own choosing and at his own expense (and it WILL be expensive if he wants all the above mentioned things done). His attorney will know how to do it. This is NOT something he should even attempt to do on his own.

- Carl

 

[agrieder]

Thanks again for your time.
With regard to the DMV hearing. It can only be requested 15 days after the initial hearing. He may not even have been found innocent in court by then. Would it be worth it before his case even gets tried?
The whole blood thing would also need to be done before the DMV hearing but the case may not even go to court before then. A catch 22 and his hands are tied. The courts will not appoint a PD until the arraignment takes place so he does not have an attorney to get the blood split done. It doesn't seem fair!

 

[CdwJava]

Thanks again for your time.
With regard to the DMV hearing. It can only be requested 15 days after the initial hearing. He may not even have been found innocent in court by then. Would it be worth it before his case even gets tried?

The DMV hearing is almost always held long before the court trial. If he chooses not to take advanatge of a hearing he has scheduled, he will automatically lose his license.

The courts will not appoint a PD until the arraignment takes place so he does not have an attorney to get the blood split done. It doesn't seem fair!

The blood thing is a matter of evidence. When he has an attorney, he can pay to have the evidence analyzed. The DMV is not going to care too much about that issue at this point as they are not a court of law. Sometimes the DMV MIGHT hold off on a decision pending the outcome of the trial, but that varies by area.

- Carl

 

[agrieder]

Thanks Carl. I guess he has to give that a shot.

 

[agrieder]

Hey Carl,
Guess who? Do you know if my friend asks for a blood split or some of the blood if either drugs or alcohol will still be in there? Does it stay or eventually dissipate?
Thanks for your time Sir.

 

[CdwJava]

Hey Carl,
Guess who? Do you know if my friend asks for a blood split or some of the blood if either drugs or alcohol will still be in there? Does it stay or eventually dissipate?
Thanks for your time Sir.

It should not dissipate ... if properly stored, the substances and metabolites have no where to go.

- Carl

 

[agrieder]

Hi Carl,
I realize I may have asked you this before but do you believe it is necessary for my friend to hire a private attorney or will the outcome pretty much be the same in your opinion?

 

[CdwJava]

That is entirely up to him. There are attorneys that specialize in DUI defense and it might benefit him to at least consult one of those.

- Carl

 

[agrieder]

He did and they all slam the public defenders and say they or a private attorney is the only way to go. They always go on to say they will spend ten plus hours on the case and a PD only ten minutes. They go on to say they get calibration, check the recordings of the arrest, make sure all guidelines were followed, that they will take a closer look at who was really at fault in the accident, have a blood split done etc. They also add that PD's have 20-30 cases a day and they only have two maybe three. Their sell jobs seems a little strong. By the way, can and do PD's order blood splits?

 

[raskalnikov]

Sadly, a lot of attorneys use pressure tactics to get you to hire them.

However, depending on where you live, PDs are often very busy.

Since he may wish to go anyway, if your friend goes to A.A. or N.A. or some such, there are a lot of people at those meetings that know attorneys who specialize in such a case.

 

[CdwJava]

He did and they all slam the public defenders and say they or a private attorney is the only way to go.

Of course they did. But a private attorney who knows nothing special about DUI is worse than a PD - at least the PD knows the local players and the system and has more trial experience.

They always go on to say they will spend ten plus hours on the case and a PD only ten minutes.

That's because the private attorney gets paid by the hour. He profits if he or his staff waste time reading even a losing case ... the PD doesn't have time to waste reading a losing case. But, you do get (in theory) greater attention from a private attorney because you're paying for that undivided attention.

They go on to say they get calibration, check the recordings of the arrest, make sure all guidelines were followed, that they will take a closer look at who was really at fault in the accident, have a blood split done etc.

Of course they will ... and each of those has $$$ signs attached to the actions - not only for the time THEY spend, but for the activity costs and experts as well.

They also add that PD's have 20-30 cases a day and they only have two maybe three. Their sell jobs seems a little strong. By the way, can and do PD's order blood splits?

PDs do have a lot of cases. That is why they don't waste time on losing cases - they have to be realistic. If he wants to make a zealous defense, he'll need an expert and a team of experts ... all very expensive, and even then the odds are slim.

I am not entirely sure what a "blood split" is, but a PD can certainly have the blood tested for drugs and alcohol at the client's expense.

- Carl

 

[agrieder]

If he wants to make a zealous defense, he'll need an expert and a team of experts ... all very expensive, and even then the odds are slim.

Are you speaking of the PD in this statement?

 

[CdwJava]

If he wants to make a zealous defense, he'll need an expert and a team of experts ... all very expensive, and even then the odds are slim.

Are you speaking of the PD in this statement?

No, your friend. If he wants to make a zelous defense, he will need to hire an attorney experienced in DUI defense and who has access to experts to testify as to a number of possible issues concerning his medical condition(s), problems with the lab, testing procedures, etc. If there are no exploitable problems in the police officer's stop and subsequent investigation, then the battle becomes one of experts and it can add up real fast.

- Carl

 

[agrieder]

By add up real fast you mean cost I take it. Can these things also be done with a PD if he requests certain things to be done like a blood split, breathalyzer calibration etc? He also found out yesterday that the other party suffered extremely minor soft tissue injury that did not require an ambulance or hospitalization. He is going to physical therapy for a week or so. My friend did call a very high priced DUI attorney to discuss the whole case and he did say if there as no ambulance, no hospital and only soft tissue injury so it will not be a felony. The attorney said he was 100% sure and has dealt with this countless times. There must be broken bones, deep tissue injury and/or ambulance/hospital. He believes that is why charges have not yet been filed.

 

[CdwJava]

By add up real fast you mean cost I take it.

Yes.

Can these things also be done with a PD if he requests certain things to be done like a blood split, breathalyzer calibration etc?

They can, yes. But, the PD will only do all of that if there is some likelihood of success. And, experts and testing will still cost money for your friend ... unless he is completely destitute, the state will not pay for many of these things. And any request to do testing at state expense would have to be run past the judge.

He also found out yesterday that the other party suffered extremely minor soft tissue injury that did not require an ambulance or hospitalization. He is going to physical therapy for a week or so.

That is sufficient "injury" to allow a charge for 23153.

My friend did call a very high priced DUI attorney to discuss the whole case and he did say if there as no ambulance, no hospital and only soft tissue injury so it will not be a felony.

That's not necessarily true. That may be the case with the practice of the local court or in that attorney's experience, but that is not the legal requirement. If he were to plea, it is likely that the felony would be dropped.

The attorney said he was 100% sure and has dealt with this countless times. There must be broken bones, deep tissue injury and/or ambulance/hospital. He believes that is why charges have not yet been filed.

Your friend is lucky if that is the case, because if true that is a local practice and certainly not indicative of statewide practice. It could be because "soft tissue" injuries are difficult if not impossible to prove, so the state might choose not to even try as it could become a distraction.

- Carl

 

[raskalnikov]

I agree with CDW. Plus, one often doesn't know the extent of their injuries after a car crash until a later date. I was involved in one, I seemed OK, but then 2 weeks later all of a sudden I couldn't move my hands above my waist. . .Over 10 years later I still have back problems. . .

 

[agrieder]

Thanks again for your response Carl and Raskalnikov. Got another one for ya. My friend just received a bill from the police dept. for the cost of the stop which they consider over and above routine services paid through usual revenue resources. The bill is for $519.92. They claim this is for his negligent driving and being under the influence. The attorney he spoke with yesterday said not to pay it and wait until the court proceedings are complete. Is paying it an admission of guilt because of the way they word it? If he is found not guilty will it be refunded? The attorney also said they cannot issue a warrant to collect. The most they can do by law is send it to collections. Do you know if that is the case? He has also asked the car rental co. from which he rented the car for photos of the car because the damage was like a tear across the bumper. There was no impact damage to the front of the car. The other person slid across the front of his. I saw the rental car when I picked him up and you would not think anyone sustained any injuries. Do you have any insight as to why the car rental co. is not releasing photos?

 

[CdwJava]

My friend just received a bill from the police dept. for the cost of the stop which they consider over and above routine services paid through usual revenue resources. The bill is for $519.92. They claim this is for his negligent driving and being under the influence. The attorney he spoke with yesterday said not to pay it and wait until the court proceedings are complete. Is paying it an admission of guilt because of the way they word it?

Paying it should not be construed as consciousness of guilt. It IS, however, permitted as "cost recovery" when a person's DUI requires law enforcement intervention - such as at the scene of a collision.

If he is found not guilty will it be refunded?

Not likely.

The attorney also said they cannot issue a warrant to collect.

No, but they can tack it on to a judgment or they can sue him ... he might not like having a judgment hanging over his head and smashing his credit rating ... plus collections fees that would likely double the payment.

Do you have any insight as to why the car rental co. is not releasing photos?

Maybe because they do not want to get in the middle of it If there are photos, the attorney can try and get them. They do not have to release their photos to anyone.

- Carl

 

[agrieder]

Are you sure they would not refund it if he was not found guilty of DUI. Then it would just be a collision which is paid by the normal revenue streams. I'm a little confused. A private attorney he spoke to did say there would be a refund if the case was won. He also advised him not to pay it until the case is over. He said it could be added to the court fines and collected that way. He claims it's done that way all the time.

 

[agrieder]

Forgot to ask, what gives the other guys attorney the right to seek insurance co information to get payment and my friend can't even get a copy of anything? Should he not at least have access to something or be able to talk to someone?