"...sample taken 2 hrs or more after..."

[mygard]

What is the name of your state (only U.S. law)? Kansas

How is it possible to charge me based on a blood sample taken 5 hours after the moment in question, and the first officer I saw was less then 2 hours before the sample was taken.???

BULLETS:


9 May '06 2:30pm(+/-) hit tree 12" off curb 2 doors down while leaning over to pick-up CD player.

5:00pm(+/-) went to er-- 16 stitches to face--- pissed of Doc-- she called police.

7:15pm Sample taken.


K.S.A. 8-1013(f)(1) So I guess I could drive home from work, have a few beers and be arrested cuz I'm drunk and I drove over 2 hours ago.????

ps: went to jail 12/06 for 90 days--could not afford 5,000 bond---dismissed without--officers no show
new warrent 8/08---came to home 12/13**************Bond ONLY 1,500......??????

[cyjeff]

Originally Posted by mygard

What is the name of your state (only U.S. law)? Kansas

How is it possible to charge me based on a blood sample taken 5 hours after the moment in question, and the first officer I saw was less then 2 hours before the sample was taken.???

BULLETS:


9 May '06 2:30pm(+/-) hit tree 12" off curb 2 doors down while leaning over to pick-up CD player.

5:00pm(+/-) went to er-- 16 stitches to face--- pissed of Doc-- she called police.

7:15pm Sample taken.


K.S.A. 8-1013(f)(1) So I guess I could drive home from work, have a few beers and be arrested cuz I'm drunk and I drove over 2 hours ago.????

ps: went to jail 12/06 for 90 days--could not afford 5,000 bond---dismissed without--officers no show
new warrent 8/08---came to home 12/13**************Bond ONLY 1,500......??????

At what point during the time from the accident to when the blood test was taken were you in a bar?

Or did you spend the whole time in a hospital?

[mygard]

Never in bar. Had no health Ins. tried to doctor myself. Got out the duct tape, gauze and whiskey. Bleeding wouldn't stop.. went to ER.

[FlyingRon]

Did you drive yourself to the ER?
Unless you are going to argue you continued to drink in the hospital, you weren't getting any less sober while sitting there.
You better find a lawyer.

[mygard]

Did not drink till after I hit the tree.
neighbor drove me to ER.

[CdwJava]

Originally Posted by mygard

Never in bar. Had no health Ins. tried to doctor myself. Got out the duct tape, gauze and whiskey. Bleeding wouldn't stop.. went to ER.

Okay ... so you plead 'stupid' ... er, "not guilty", and hope your attorney can make a case for reasonable doubt. Unless the state has a better case than you claim they do, you ought to prevail. Though, I suspect that if you describe to the court your attempts at self doctoring, you might get points for amusing the judge. The images of gauze and duct tape are ... well, humorous.

- Carl

[BigMistakeFl]

And using booze as anesthesia provides a humourous image also; like Miss Kitty giving Festus a swig of whiskey before Marshall Dillon digs a bullet out of his shoulder!

[Peligroso27]

Alcohol thins the blood, which is probably one of the many factors leading to you having to go to the ER. So from 2:30 until 5 you were drinking a few beers while you were bleeding profusely out of your face? Not a very likely story. I may not have understood your story completely though, sentence fragments tend to make comprehension much more difficult.

[mygard]

I know it is stupid, but that is what I know. When I was younger and injured, you took care of yourself as best you could, went back to work.... and didn't cry.
When I did floor covering I used carpet pad as guaze...... went back to work or I didn't get paid.

But..... to me...... that is moot. I am pressumed innocent untill PROVEN guilty.
They can not show any proof of my bac at the time in question..... they can't even document the time of the incident, or who was driving.

From my limited knowledge of the constitution... as presumed innocent, I have no oblgation to prove that innocence..... they must show proof at the time of operation that I was (a) driving (b) over the limit.
Just because I am drunk now does in no way prove my condition over 5 hours prior. Not without custodial control during said time period. They can make all the conjecture they wish. It is not proven fact.

[CdwJava]

Originally Posted by mygard

I know it is stupid, but that is what I know. When I was younger and injured, you took care of yourself as best you could, went back to work.... and didn't cry.

But ... gauze and duct tape?

I am pressumed innocent untill PROVEN guilty.
They can not show any proof of my bac at the time in question..... they can't even document the time of the incident, or who was driving.

Maybe ... maybe not. I don't know what KS law says about chemical tests. If they are similar to most other states, the test is sufficient to support a BAC within two or three hours (depending on KS law). After that, they can argue rising or diminishing BAC, but if your BAC is sufficiently high, and they have witnesses to articulate you were impaired when you came in, they can still make the case. Whether they can show driving or not also will depend on what factors they can bring to bear. Typically, a collision is one of the exceptions to the "in your presence" requirement for driving.

You really need to consult a local attorney.

Just because I am drunk now does in no way prove my condition over 5 hours prior. Not without custodial control during said time period. They can make all the conjecture they wish. It is not proven fact.

They do not have to prove fact, they must only make their case beyond a "reasonable doubt". Now, when you hear the state's case against you, you will have to ask whether or not a jury might believe you were impaired at the time you were driving.

Your call in the end.

- Carl