DUI Leaving ER

[dave33]

The violation is the biggest issue. The fact that you drove w/out a license is a plain vio9lation. You will be forced to plea to the violation and the charge. The state will not give you the option to accept a plea deal to the violation and take the charge to trial.

You will take the deal or go to a violation hearing and a trial. You will lose at the violation hearing.

 

[dhcracker]

As far as driving on suspended.. I believe once a jury or judge either one knows the whole story as to why my license was suspended, where I was traveling to and from, and how come I was denied a hardship that I can at least get minimum punishments.

I had this court order to go to inpatient rehab, complete it, find and secure suitable housing, find and secure employment, and suitable transportation, and then was given a promise by the commonwealth attorney that he would give me a harship license for work only to tell me later he can't do it. They will have to depend on witness testimoney but I think they would trust my witness more than a politician.

If he wouldn't have made a promise that if I completed treatment, got my own place, then found a job that he would grant me a hardship then I wouldn't have plead in the first place I would have remained homeless a few more days and found some other way to get into rehab. As I stated the charity I used couldn't be used with pending litigation, that wasn't my only way though it was however the fastest way to reuniting my kids with their father and straightening my life out.

But big surprise you can't trust a prosecutor to do what he says, at least this time though I didn't get it in writing I had a viable witness to both ends of that deal.. to the promise and then to the breaking of that promise. He actually fought against my hardship because my work schedule wasn't set in stone, my shifts changed.. heck it was a wal mart job its not like a cop couldn't call wal mart and ask when I punched out or in.

Some of ya'll might think this is some sad conjured up tale, but its not. All the circumstances that make me appear a conspiracey theorist are factual. It may all be just a grand coincidence or side effect of highly aggressive crime fighting.. I don't know why I've been persecuted so harshly and unfairly and I really don't care. I just finally want to use my right to defend myself and be heard in our courts that I put good hard earned tax dollars (and fine money) into. lol

I am so sick and tired of being treated like I don't have a right to be heard or have a trial.. they tell you that you have these rights then they immediately commence to make using your rights punishable. Plea deals are not supposed to be threats, people shouldn't portray defendants as if they are a burden to jurors and judges. I see it done far too much to just chalk it up to an overwhelmed system. I now believe our overwhelmed system may be due to allowing unregulated police work. I believe our police forces are getting fat and lazy, they don't even want to fingerprint if you have something stolen. They don't want to give you police reports for assaults unless they get to take someone to jail. Our police are trained as if the citizens of this country are hypothetical people that never deal with them, thus the people they deal with have no rights.

When I read the state police regulation handbook I couldn't find NOT ONE example of a properly conducted piece of policework in my lifes experience with the law.. either as victim or as a suspect. If they can't follow their own rules then God help them on judgment day when they get to answer for the way they enforced our rules on us.

I think police handbooks should be required reading by law, I think we deserve to know how a peace officer is supposed to do his job.. after all they work for us don't we have a right to demand better than this?

My step father is a police officer, so I know how serious it is. I know they may have to deal with a bad person capable of doing harm now and then. But that doesn't give him a right to break the law. Lots of citizens risk life and limb when they go to work, only they aren't just let loose to do as they wish because of it.

I'm so glad there are forums like this to discuss legal issues, everyone has been very helpful I want to thank you all for your time and help. I welcome all advice on this and I hope I never ever have to deal with this again!

 

[CJane]

Kentucky
he broke my nose, my eye orbit, and the base of my skull. I immediately drove to the emergency room.

I was kept for observation for 2 hours then released and told I was ok to drive home.

This is where - for me - your story started to fall apart.

You claim you received some pretty serious facial and cranial wounds, DROVE YOURSELF to the ER, and then after some narcotics and 2 hours of observation, you were told to just drive yourself on home.

I get that's your story and you're sticking to it. I just hope you don't expect a jury to believe you when you start off there.

 

[Proserpina]

This is where - for me - your story started to fall apart.

You claim you received some pretty serious facial and cranial wounds, DROVE YOURSELF to the ER, and then after some narcotics and 2 hours of observation, you were told to just drive yourself on home.

I get that's your story and you're sticking to it. I just hope you don't expect a jury to believe you when you start off there.

There is absolutely no way that would happen unless OP left AMA.

Or unless OP is grossly exaggerating the injuries.

 

[CJane]

There is absolutely no way that would happen unless OP left AMA.

Or unless OP is grossly exaggerating the injuries.

This is what I'm saying.

Serious credibility issues.

 

[dhcracker]

This is where - for me - your story started to fall apart.

You claim you received some pretty serious facial and cranial wounds, DROVE YOURSELF to the ER, and then after some narcotics and 2 hours of observation, you were told to just drive yourself on home.

I get that's your story and you're sticking to it. I just hope you don't expect a jury to believe you when you start off there.

Thats almost what happened, I had someone with me though I wasn't alone. They didn't tell me to drive home, they asked me if I was driving and I told them I was. And I do have my hospital records, as well as the dozens of witnesses to the assault, I actually reset my nose myself before I left for the hospital just because it was laid over at a 45 degree angle and it was very disturbing to look at without at least trying to straighten it a little. I waited just long enough for my eyes to clear up and my ears to stop ringing then yeah I drove, I wanted to get there as fast as possible probably more worried about my good looks being marred than anything else lol.

The cranial fracture was from the nasal cavity, there was no evidence of brain damage, or of a concussion. I guess I was at the hospital about 4 hours total or maybe a little more. Now had I had some kind of insurance I'm sure they would have wanted to treat me further, however being self pay they just referred me to UK and kept me for the minimal observation time. They gave me some prescriptions and instructed me not to drive at least two hours after taking those, however I didn't fill those or anything what was in my system was only what they actually administered to me at the ER. They also told me I probably wouldn't be able to do anything the next day because of swelling and they were correct, both my eyes by morning were swelled shut.

And I wouldn't expect a jury to just take my word for it alone, I'm going to call witnesses. And as to actual evidence of the injuries the picture they took booking me says it all if the records and witnesses aren't enough.

You just make up false injuries like that, now from my perspective being the one that got his face smashed in maybe I may have a different point of view as someone who hasn't had such a facial injury. To be honest the physical appearance was the most disturbing thing, it looked like I should have been knocked out for days.. pretty gross. However besides my left side of my sinuses getting closed up and bleeding all over the place I guess it wasn't life threatening... My nose is still crooked so its not like you can't look at me even today and not tell I was beat up pretty good.

I don't blame anyone for doubting or questioning, I admit it seems pretty like a pretty grand story. Maybe thats why I'm having such a hard time, maybe I'll have to prove to the state myself that I'm not making it up before I'll get a benefit of the doubt. After all not even my attorney has gathered up all the evidence yet, so maybe I'm being a little too comdeming of the prosecutor.

 

[CJane]

The cranial fracture was from the nasal cavity, there was no evidence of brain damage, or of a concussion.

What you said was that he broke your "nose, eye orbit and base of my skull". The injury to your eye alone should have been sufficient for them to advise against driving. At all. In fact, I find it hard to believe it wasn't enough to recommend admitting you until the extent of the injury could be assessed - after all of the swelling had stopped.

Now though, you claim that the cranial fracture was "from the nasal cavity" which in most human beings is no where near the base of the skull.

 

[Mnemosyne]

I suspect the OP was suffering from craniorectal inversion.

Now though, you claim that the cranial fracture was "from the nasal cavity" which in most human beings is no where near the base of the skull.

 

[Proserpina]

I suspect the OP was suffering from craniorectal inversion.

Like so many other posters.

Le sigh!

 

[dhcracker]

What you said was that he broke your "nose, eye orbit and base of my skull". The injury to your eye alone should have been sufficient for them to advise against driving. At all. In fact, I find it hard to believe it wasn't enough to recommend admitting you until the extent of the injury could be assessed - after all of the swelling had stopped.

Now though, you claim that the cranial fracture was "from the nasal cavity" which in most human beings is no where near the base of the skull.

I'm sorry I'm not a doctor I'm not very good at using the correct medical terms. There was a fracture between the sinuses and the cranium, not nasal cavity but sinus cavity I guess. The sinuses in the corner of my eye, broke and collapsed in. I guess if your going to have orbital or cranium fractures those are the places you would want to have them.

I agree I don't see how I got turned out of there so fast, I didn't want released I wanted admitted and my face fixed. I tell ya'll what just as soon as I get a copy of my discharge papers and CT scan from my lawyer I'll scan them and post a link on Photobucket or something. I'm just as confused .. probably more than ya'll are lol.

I understand the reluctance to take the leap of faith that what I'm saying is what happened, but I also appreciate the help I have got from those assuming it is accurate. I'm sorry if I got the topic sidetracked on the debate of the details due to my lack of ability to accurately explain my injuries sufficiently or the hospitals actions.

 

[xylene]

I believe you 100% that you drive illegally all the time.

This is your fault.

Stop driving. Forever.

 

[dhcracker]

Listen I didn't post in the driving on suspended or complain about that, I'm not debating I could have avoided it all by calling an ambulance. However that still doesn't make it OK to either not properly gather evidence, or possibly even falsify evidence to make false charges stick on way or another. Whats funny is after the officer failed to record my sobriety test, rejected my requests to pay for my own blood screen and swipe my nasal cavity for the so-called "residue" he claimed he saw.. he wouldn't even take a picture... but he didn't fail to warn me if I fought it he would testify against me.

Call it what you want, these cops are using the "discretion" we give them and take advantage of it either from laziness or deliberate attempts to hoodoo a jury and not let the public see how they really treat people. I think it should be mandatory to use their dashcam we pay for not just for the funny staggering drunks but for every single citizen that gets subjected to scrutiny and will face charges. There is no reason not to utilize the tools we give them unless of course those tools hurt your conviction rate and income.....

Its all about squeezing us for our money, and mark my words those of you condemning me will be lucky if in your life you don't have to support a friend or family member who has been unfairly and harshly prosecuted.

 

[Proserpina]

Listen I didn't post in the driving on suspended or complain about that, I'm not debating I could have avoided it all by calling an ambulance. However that still doesn't make it OK to either not properly gather evidence, or possibly even falsify evidence to make false charges stick on way or another. Whats funny is after the officer failed to record my sobriety test, rejected my requests to pay for my own blood screen and swipe my nasal cavity for the so-called "residue" he claimed he saw.. he wouldn't even take a picture... but he didn't fail to warn me if I fought it he would testify against me.

Call it what you want, these cops are using the "discretion" we give them and take advantage of it either from laziness or deliberate attempts to hoodoo a jury and not let the public see how they really treat people. I think it should be mandatory to use their dashcam we pay for not just for the funny staggering drunks but for every single citizen that gets subjected to scrutiny and will face charges. There is no reason not to utilize the tools we give them unless of course those tools hurt your conviction rate and income.....

Its all about squeezing us for our money, and mark my words those of you condemning me will be lucky if in your life you don't have to support a friend or family member who has been unfairly and harshly prosecuted.

Of COURSE it's everyone else's fault.

Of COURSE it is.

You poor thing.

 

[justalayman]

Its all about squeezing us for our money, and mark my words those of you condemning me will be lucky if in your life you don't have to support a friend or family member who has been unfairly and harshly prosecuted.

ok, the crap in your nose: at best the cop will utilize this for reasonable suspicion to require further testing. It is not evidence of any crime, especially because it wasn't tested. I would suggest there was something there if the cop was willing to threaten to use it against you. Of course, unless it was wiped away, you could have had the hospital people look at it and at least be a witness to what was there, or not there.

to the sobriety test being video recorded; I agree. IF (and I do say if because not all police departments utilize cameras) they have cameras, it should be mandatory they record all interactions with people. It actually protects the cops from false charges so actually, most interactions, where there are cameras, are recorded. Does the force that stopped you even have cameras in all cars? If so, find out what triggers their activation. Many use the lights or sirens to activate the camera. Some require manual activation which is a poor choice as due to the many unknowns, the cop may not have the thought to turn them on or simply doesn't have time.

to the blood test: it isn't up to the cop to allow or decline a test. If you were at the hospital, you can authorize them to do whatever testing you want to pay for.

Other than that, your story is a bit on the unbelievable side. Given the claims of injuries and treatment, I cannot imagine a medical provider sending you on your way without an escort. Of course, they cannot force you to have an escort but they can recommend/strongly suggest one and (and this is quite important), call the police and report a person that should not be on the road so the cops will come and take them off the road before they injure somebody else should the patient leave, in a condition that is not safe for them to drive, without an escort.

 

[dhcracker]

This police force has dash cams for sure, and in this state its law to offer to anyone being blood screened to have their own test done.. not only did this guy fail to ask me if I wanted the test, when I asked for one he refused. I actually asked the hospital staff to swab my nostrils, but the officer actually stopped them saying he was in a hurry. I think that made him doubt, because he kept looking back up my nose several times, I asked him if he could be looking at dried blood or a mucus/blood mix because I was still actually bloodied up and I couldn't breath through my nostrils at all. I seriously doubt he saw anything, he never allowed anyone else to look. The people at the jail thought this officer was acting strange for sure as well.

He actually lost my wallet, my registration, and my insurance documents because he put them on the back of his trunk and drove off without reclaiming them. One of the deputies actually found my wallet and I was able to pick it back up at the sheriffs office... minus all my money of course.

And I really don't know why people think police officers are somehow not human beings like the rest of us.. they are not above having anger and resentment or immune to corruption. They are just people like us and are just as capable of screwing up.. only they have a badge and can hide behind it often making a bad cop a REALLY bad cop.

It's not just me either, this trooper has lots of complaints of abuse of power and breaking regulations.