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  #1  
Old 11-04-2009, 03:38 PM
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Join Date: Nov 2009
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Lawrenceville Georgia DUI no evidence


Last night my friend was arrested for DUI. He was given 6 citations including opened container. The officer examined the tobacco spit cup and claimed that it was BEER.

When we picked up the truck from impound the cup is still in the holder with the cops prints on it...what do we do with this evidence? Contact internal affairs? This man was never given a breathalyzer at the department but his ticket says he blew a .157

MOST importantly, HE WAS NOT DRUNK!!! and these cops have done a terrible thing by making up evidence.

Who do we talk too to get the officers prints off of the cup to prove that this is the cup in question?
  #2  
Old 11-04-2009, 03:40 PM
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Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by mightybo View Post
Last night my friend was arrested for DUI. He was given 6 citations including opened container. The officer examined the tobacco spit cup and claimed that it was BEER.

When we picked up the truck from impound the cup is still in the holder with the cops prints on it...what do we do with this evidence? Contact internal affairs? This man was never given a breathalyzer at the department but his ticket says he blew a .157

Who do we talk too to get the officers prints off of the cup to prove that this is the cup in question?
I suggest that your friend speak to an attorney and NOT his buddies.
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  #3  
Old 11-11-2009, 02:10 PM
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Join Date: Nov 2009
Location: Raleigh, NC
Posts: 11
Quote:
Originally Posted by mightybo View Post
Last night my friend was arrested for DUI. He was given 6 citations including opened container. The officer examined the tobacco spit cup and claimed that it was BEER.

When we picked up the truck from impound the cup is still in the holder with the cops prints on it...what do we do with this evidence? Contact internal affairs? This man was never given a breathalyzer at the department but his ticket says he blew a .157

MOST importantly, HE WAS NOT DRUNK!!! and these cops have done a terrible thing by making up evidence.

Who do we talk too to get the officers prints off of the cup to prove that this is the cup in question?
Get him an attorney. If it's really true that they fabricated a breathalyzer, then you have a serious issue. The problem is that it's going to be a he-said, he-said issue. Your friend says he didn't take a breathalyzer, they said he did.

In most states they require a notice of rights form that the driver signs, informing him of his rights prior to the breathalyzer. Did they have him sign a form? Or did the forge a signature.

Good luck. He's going to need an aggressive lawyer to fight a police department who you claim is making up evidence.
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