Am i in the clear?

[bradley]

ohio
I was involved in a single car accident.it was totaled. The officer asked had i been drinking, I said no,we were just heaDING OUT( I was not drunk(seriously). I gave him the info he asked for. He said he smelled alcohol and asked again how much i had. I sad nothing. the paramedics pulled up. I asked the officer if they had any saline solution to clean out my eyes. they were burning from the shattered glass in them. He said just a minute and asked me to follow his mag light with my eyes. The pain was incredible. I asked him again if i could get something for my eyes. he ignored my request and told me to stand on one leg. I then interjected "i have just been in a serious accident. my eyes are killing me,i am bleeding from about 6 different places on my face and forehead.He asked me if i was refusing a field sobriety test. I stated,certainly not. I just need to get the blood and glass out of my face and eyes first. He must have realized how bad i looked and sent me to the paramedic. the officer stayed at the scene.He did not question my passenger.

The paramedic asked "have you been drinking,it doesn't matter about the accident i just want to know for treatment. I responded NO!! We arrived at the hospital and i I explained that i just needed to wash the glass out of my eyes. they put me in a room and two nurses preceded to clean my eyes(yes there was glass in them). They let me go to the toilet twice and i drank a lot of water. I sat in the room alone for about 15 minutes waiting on the doctor to give me the ok. the police officer came in an hour later with another cop. they sat their filling out forms. The second officer left for a brief time.the original cop told me he wasn't goin to arrest me. the doctor came in and put some die in my eyes He stated that it looked like he got it all. I thanked him and he left. I them asked the cops if they were going to be there for a few minutes. I had to use the restroom. I was going to go back and ask the officer if they could get me home, but since my ride was there i didn't bother. I knew he wasn't going to arrest me for anything(cause he told me). THe cop also told my two frineds he wasn't going to arrest me. After the doctor left I thought i was done. The officer let me leave the room. I even gave him my drivers liscense address and cell phone number.

I haven't even had a speeding ticket in the last 13 years.
I didn't refuse anything. and i didn't sign anything, i wasn't ask to. I did sign some hospital papers(cause they asked)
It's been 2 days since and no one has contacted me.What is the name of your state?

can i get in trouble for leaving the hospital?

[BigMistakeFl]

It doesn't sound like it, no. Did the hospital release you?

Finally, did the hospital draw blood? The results of that blood work can be used to determine if indeed you had alcohol or drugs in your system. If so, they can come back down the line and arrest you for DUI.

[BelizeBreeze]

Originally Posted by BigMistakeFl

Finally, did the hospital draw blood? The results of that blood work can be used to determine if indeed you had alcohol or drugs in your system. If so, they can come back down the line and arrest you for DUI.

Really? And in which part of the Bar Exam was this covered?

The fact is, the police do NOT have access to medical records (including blood) without a subpoena and that will ONLY be issued based on a reasonable suspicion that the poster was under the influence.

[snostar]

Originally Posted by bradley

can i get in trouble for leaving the hospital?

Were you told you were being detained? The right thing to do would be to call the officer explain what happened and ask if there is any more information you can provide him/her in order to complete the report.

[BigMistakeFl]

"the police do NOT have access to medical records (including blood) without a subpoena and that will ONLY be issued based on a reasonable suspicion that the poster was under the influence."

Duh. Thank you for filling in the blanks. If they suspect him of being DUI they can obtain a subpoena and get the blood test results and arrest him for DUI.

[BelizeBreeze]

Originally Posted by BigMistakeFl

"the police do NOT have access to medical records (including blood) without a subpoena and that will ONLY be issued based on a reasonable suspicion that the poster was under the influence."

Duh. Thank you for filling in the blanks. If they suspect him of being DUI they can obtain a subpoena and get the blood test results and arrest him for DUI.

Really? On what grounds will they apply for a subpoena at this date?

[bradley]

no blood drawn. the doctor washed the glass out and gave me a tetanus shot. no the cops didn't say anything to me. don't know about being released.

[bradley]

i talked to three lawyers on the phone today. every one of them said about the same thing. don't do anything unless you are charged. I thought about calling the cop back but the lawyer said defiantely no. I am going with the fact that i thought we were done. He didn't place me under arrest and didn't ask me to stay. I am counting on getting a summons for dui or reckless op in the mail or someone knocking at my door. I don't think they have much of a dui case. remember he never told me i would loose my liscense or had my sign anything. the only claim he has is he smelled alcohol. easyily explained by lawyer. i live 3 blocks from the hospital. He had my cell phone he could have called me. or stopped by for a chat. I think he just screwed up.

[BigMistakeFl]

Ok Belize, because a great many people come to this forum and post part of the story, leaving out parts hoping for a loophole, or some just plain don't remember the details becasue they were wasted at the time of the incident. Often we have to pull more information from the OP. My only point was to let the OP know that IF he was driving after drinking and was not arrested the day of the incident, he is not necissarily in the clear. I wanted him to know that people have been arrested for DUI well after the incident based on blood drawn at the ER. I hope that clarifies it.

As for the OP; I would let a sleeping dog lie, if it were me.

[snostar]

Originally Posted by bradley

I think he just screwed up.

Ahhh, the truth comes out! How could he have "screwed up", if in fact you were being honest with us and the officer by stating you hadn't been drinking? He only would have "screwed up" if in fact he could have charged you with a DWI or DUI and did not seize the opportunity. Just some food for thought.

[bradley]

Hey, I am not pretending to be an angel. And yes i am being truthfull.I wouldn't be posting here if i wasn't guilty of something. and yes i am looking for any info(loophole)i can get to help my cause. I wasn't drunk. in ohio they can get you (legally impaired) for any amount. 1 beer-10 beers. I was in shock from the accident and i am sure i smelled of beer a little.
couple questions.
1.cop didn't advise me of loosing my driving privilages if i didn't do the blood test.(never got that far).
2.a few errors on accident report. wrong day(right date)
3.no evidence except that i smelled of alcohol.

I meant he screwed up.. he botched the whole thing from start to finish. i think a decent lawyer has quite a few ways to bust this up.
I am sure i will end up getting cited and have to go to court.

Thanks for all your help folks.

[bradley]

snostar,
there is a difference between not drinking and not being drunk