A friend of mine had a bad motorcycle accident that only involved him. He ended up with a tramatic head injury that caused him to be in the hospital for a month and rehabilitaion is still going on. 6 months later.
The problem is how much he bleed that night. He lost much blood and his scull was impacted. In all the nurses did a BAC and the police used this to arrest him 5 months later.
My question is how can a accurate BAC be done per his blood loss and tramatic brain injury.
Can they use a Blood Alcohol Count in this circumstance?
He has also been requested to take the "Pre Trial Alcohol Treatment" yet they mention in his records, part of a MC club. Maybe discrimination?
Okorie OkorochaDUI / DWI AttorneyStudio City, CA ·
I do not see discrimination based on the facts that you describe.
My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.
Charles Kenneth NorrisGeneral Practice LawyerNorwich, CT ·
There may be issues. Find a lawyer wo doe DWI cases, where are you located? Get a lawyer from a referal, not the yellow pages. I do not do criminal law, but if you call, I can send you in the right direction.
Georgia has excellent decisional (case) law that MAY keep out a hospital-drawn blood test. Implied consent laws are the "rules" by which your body can be invaded by police for purposes of collecting blood. In most states, these rules are "strictly construed AGAINST the Government.
If these rules are violated, the police do not get to use that evidence agianst your friend at trial.
Think about how GOOD the case will be if the blood results are eliminated! No roadside "agility" evaluations could be given, and the fact that an accident happened is NOT PROOF of a DUI-DWI.
The cases I would mention in Georgia are Collier from 2005, Hough from 2006 and Perano from 1983.
I am presently working on a case where a clear mechanical negligence problem (mechanic did not re-attach a bolt to a wheel assembly) caused a lady to have an accident. She lost both legs. No one else was injured (single car accident). Yet, her blood test showed a number above the legal limit. She is now facing a DUI accusation.
You can read about or watch videos about flawed breath and blood testing at the links below. Or, you can read about how and why our DUI-DWI laws got to be so tough in my book for clients, also linked below.
