Police Report

[Dui-in-TX]

What is the name of your state? TX

Quick question,

I was in my DUI related accident in July (4th). I've got a court date for October. However, neither myself, my insurance company or my lawyer have been able to obtain a copy of the Police Report. It was done by the civilian cops that work on Ft Hood. If we are still not able to obtain a copy of it by the court date, is there any way the case can be dismissed for failure to provide my lawyer with information or anything of the sort? We dont even know what myy BAC was, only that my lawyer was told that it was "high". I'm not looking to get out of trouble by any means, but I would think that someone would be able to get a copy of the report by now. I also obtained a copy of my driving record from the DMV, and there is nothing on it regarding the accident, arrest or DUI.

Also, I'm being seen in the federal court since the accident was on a military installation instead of the state court. Will there be a difference in what penalties I may face?

Thanks for any help that can be provided...

 

[SillyPuddy]

"Most of the time, they're separate from Arrest reports.


Quote:
I also obtained a copy of my driving record from the DMV, and there is nothing on it regarding the accident, arrest or DUI.

There wouldn't be... not until there's a disposition in your case.


*** That's BS Curtis, and you know it. All that's required to get slammed on your DMV record is a "charge". It doesn't matter what happens in court.

 

[SillyPuddy]

"Back up your claim, post a link to the Texas law which states that pending charges are recorded on driving records.

*** OK. The challenge is on. My position is that with DUI, there is no "law" and the DMV is free to do whatever they want. I've seen other posts on here from folks who've had their DUI cases dismissed on court but the "charge" still shows up on their driving record when their car insurance company does an evaluation. So, while this may be "pending", it will show up on his/her driving record regardless of the outcome in my prediction. That's what I'm claiming you know that you're not admitting to. You know I'm not a law expert.

I guess this will be settled by DUI-in-TX reposting back to us on the outcome of his/her case as it relates to driving records. If I'm wrong, I'll eat crow. But I doubt I'm wrong.

 

[Ozark_Sophist]

You may be referring to posts regarding administrative suspensions issued by the DOT for testing over .08. Those are NOT, repeat NOT convictions for DUI.

He never claimed it was a conviction. He was claiming your post contained some potentially false information which is against the terms and conditions. He simply used the wrong word

Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting.

 

[SillyPuddy]

Curt, I'm not calling you a liar about anything. I believe you're a subject to the scams going on behind your back, and I'm willing to state it.

"The DMV is NOT free to "do whatever they want". Every state has regulations on what their version of the DMV may and may not report on driving records."

*** You've got to be kidding. As they say, the devil is in the details. This has nothing to do with "Administrative" or what not. I know this for a fact because in my state, you submit you're successful completion of alcohol treatment to get your probationary license, but to get you regular license after the suspesion is over, you need this mystery "document" called an Alcohol Completion Certificate. Strangely, if you searh on the internet for what this "Certificate" is in Oregon, you'll find nothing. I asked a DUI attorney about it, and got no response. It's a big secret. That being said, there's much adoo about scamming going on behind the scenes. You can believe in the law if you want, but I smell a rat. And yes, the DMV can do whatever they want.

 

[Dui-in-TX]

In regards to my license, My lawyer did tell me that when we found out that my hearing would be in the federal court vs state court, that some good and bad could come of that.

He mentioned that because it was in the federal court, that my license would probably not be suspended because it has to be the state that suspends it, and here in Texas, it is my understanding that if you dont request a hearing within 15 days of the arrest, it will automatically be suspended. In my case, it has not.

However, looking at my driving report again, it does say that "This type record will not reflect offenses or related suspensions under Alcohol Beverage Code 106.041 or 106.071."

I'm not sure what that means, so I am going to go look it up now...

Disregard, those Alcoholic Beverage Codes relate to Minors, and I am not a minor by any means.

And yes, I read these forums everyday and will come back and post the outcome whenever I have my hearing.

I havent been able to talk to my lawyer recently because he has been out of office, so it is entirely possible that he has been able to get a copy of the report since I last spoke to him last week. I just continue to find it odd that even my insurance company has not been able to obtain a copy of the accident report regarding my insurance claim on the truck.

 

[sjmjuly]

I have never heard of the DMV adding anything to anyone's driving record until a conviction has been established. In any state.
What if someone was illegally stopped (not that is happens very much, but it could) and was charged with DUI but it was thrown out of court? Are you trying to say THAT would go on their record?
I don't think so. Innocent until proven guilty I always say.

 

[ag4670]

i was wondering are you in the military? I can tell you for a fact that civilian police officer dont work on a militay installation, thats why they have secuirty police or military police depending on what base sp are on airforce bases and mp are everything else army and marine bases. The only reason they were there cause i'm presuming your not in the military and mp can not make a accident report to a non military person. I honestly think that being in a federal court is going to be worse cause you had your accident on a militay installation. How did you get on a military installation if your not military were you sponsored on?
well good luck

 

[Dui-in-TX]

I am prior military and my husband is currently still in. We are stationed at Ft Hood and yes, we do have civilian contracted police who work on base and do have the authority to arrest and write reports for military and civilians alike. My husband is also an MP as well, and he can and has written reports for non military members in the past.
The accident was right outside the main gate, so it could have gone either way in my case as for being considered an on post accident or off post.

 

[xylene]

I can tell you for a fact that civilian police officer dont work on a militay installation, thats why they have secuirty police or military police.

Civilians DO work in law enforcement / security roles on military bases.

 

[ag4670]

so why cant your husband get the accident report for you since he's a mp

 

[Dui-in-TX]

He's in Iraq...but he has indeed been trying. He now works in the BDE and not at the MP station itself therefore there are different channels he must go thru. Each time he's tried, he has been told that it he will get it in a week... and its been about 5 weeks now.

 

[ag4670]

sorry to hear that well good luck, is your husband getting alot of **** about your wreck i know that then husband is responsible for their spouses at least in cali and marine bases its like that

 

[Dui-in-TX]

Just an update... my pre-trial is on the 3rd and actual trial is the 10th

 

[Dui-in-TX]

Alright, had the first trial with the federal judge to determine what the min/max punishments would be regarding my case if found guilty and charged.

Minimum is 3 days confinement $10 SA fee Max is 6 months confinement and $2000 dollar fine. I must also attend a Alcohol Education Class.

Because this is in a federal court and not the state court, I have no chance at community service, but I also do not have to pay the yearly anniversary fees that Texas imposes, nor do I lose my drivers license.

However, I have been advised to please not guilty, because I do not have a memory of the accident or of even leaving the residence that I was at prior to it, and I cannot say that yes, I had been driving. Also, of the police reports that the lawyers have, a witness, whose name was not taken for some reason, claims to have not seen me driving. Also, the first officer on scene apparently also did not make a statement, nor was his name taken. Therefore, they have noone who can say that I was driving or that I was pulled out of the drivers seat at the accident scene. Its all a screwup on the police side and their reports, but it is possible, not likely, but possible that my case can be dropped.