NeedhelpFL
Junior Member
What is the name of your state (only U.S. law) Florida
Had a motorcycle wreck (no one else involved) in September of last year. No arrest was made but police was on scene and at hospital. EMT smelled alcohol on breath and informed officer. Officer's kit was not working so he didn't obtain, collect any evidence, but had informed that he would be pursuing this further.
No charges were brought till six months later where state attorney obtained bac level from that night from ER, approved by judge. Document states that it is not "intended" for legal purposes but legal counsel says that's BS... Warrant issued and I spent a night in jail.
I had three beers that evening and have the receipt... Which means nothing but the BAC came back as .31!! That cannot be possible but I don't have means to prove otherwise. The police report has no mention of being incoherent. I remember speaking with him and complying, answering all questions. He asked about my evening, where I was, where I was going and then to complete, asked me to breathe out to smell my breath. That was it, he left...
Now, I've lost my license, court coming up and I'm dumbfounded. Any advice would be greatly appreciated. Thank you in advance.
Assisted DA bargain is everything allowed in the state of Florida except more jail time.
Legal counsel suggest taking it being the county judges are non tolerant and the margin of error would not help. Also, said I have a case if the Judge would deny the ER BAC reading and the police report mentions nothing of behavior disorder, misconduct or anything to imply impairment... only EMT smelled alcohol on my breath.
It's fifty/ fifty... no priors, no prior tickets for 10 years... clean record.
Had a motorcycle wreck (no one else involved) in September of last year. No arrest was made but police was on scene and at hospital. EMT smelled alcohol on breath and informed officer. Officer's kit was not working so he didn't obtain, collect any evidence, but had informed that he would be pursuing this further.
No charges were brought till six months later where state attorney obtained bac level from that night from ER, approved by judge. Document states that it is not "intended" for legal purposes but legal counsel says that's BS... Warrant issued and I spent a night in jail.
I had three beers that evening and have the receipt... Which means nothing but the BAC came back as .31!! That cannot be possible but I don't have means to prove otherwise. The police report has no mention of being incoherent. I remember speaking with him and complying, answering all questions. He asked about my evening, where I was, where I was going and then to complete, asked me to breathe out to smell my breath. That was it, he left...
Now, I've lost my license, court coming up and I'm dumbfounded. Any advice would be greatly appreciated. Thank you in advance.
Assisted DA bargain is everything allowed in the state of Florida except more jail time.
Legal counsel suggest taking it being the county judges are non tolerant and the margin of error would not help. Also, said I have a case if the Judge would deny the ER BAC reading and the police report mentions nothing of behavior disorder, misconduct or anything to imply impairment... only EMT smelled alcohol on my breath.
It's fifty/ fifty... no priors, no prior tickets for 10 years... clean record.
Last edited: