DUI - Medical Fraud Involved

[cbg]

Yes, we get that there was no signature. So what? I trust you don't believe that makes the arrest illegal or that it somehow gives him some kind of leverage for a plea deal, do you?

You don't really think that, do you? Of course you don't.

So what difference does it make?

 

[Proserpina]

And what about this part?

Shhh... there you go, using logic and common sense again!

 

[agrippina]

Ok - well I guess it's not worth pursuing then. Thanks for the information!

 

[CdwJava]

Thank you for your feedback.

How can they say he was transported to a hospital if his signature is not even on the paperwork? And if he was booked at exactly the same time as he was discharged from a hospital 15 miles away?

Oh, because there are witnesses to his being there. If he refused or was incapable of signing, then would that mean that he was not really arrested? Is he saying he was abducted from the roadside and all of this was fabricated?

If he closes his eyes and plugs his ears, the matter won't go away because he wishes real hard.

 

[CdwJava]

But I am still waiting for someone to say something about the fact that my friend's signature was not on the medical discharge documentation....that's not illegal? I don't believe it was necessarily forged, I just don't believe it was carried out properly.

It's not illegal. If there is a discrepancy over billing, he can take it up with the hospital. It would not change the fact that he was arrested and brought to the hospital. The medical paperwork is NOT an element of the DUI charge.

Yes he had been drinking before the accident. He and I each had a couple of glasses of wine about 2 hours prior to the accident. In addition to that he had a beer (12 oz) about 15 minutes prior to the accident.

That'll be a hard sell with a .10 BAC. Unless he's a Lilliputian, that level of consumption should put him in the ballpark of .03 to .04 at the time of the stop, on average.

So, once again I ask, AFTER he was arrested, did he take a BREATH TEST (likely at the jail), or, did he have blood drawn at the hospital?

 

[agrippina]

I see on your profile that you are a law enforcement officer, not an attorney. And your demeanor is completely unnecessary and inappropriate. I'm going to take the high road and say thank you for your input and have a good weekend.

 

[Proserpina]

I see on your profile that you are a law enforcement officer, not an attorney. And your demeanor is completely unnecessary and inappropriate. I'm going to take the high road and say thank you for your input and have a good weekend.

Perhaps next time you wander in, you'll note that most responders are not attorneys - period.

CDW's posts are perhaps the least offensive that you'll find on any forum. He speaks with honesty and integrity, even if there's disagreement.

 

[jimnyc]

I see on your profile that you are a law enforcement officer, not an attorney. And your demeanor is completely unnecessary and inappropriate. I'm going to take the high road and say thank you for your input and have a good weekend.

He said NOTHING remotely inappropriate. You saw he's an officer, his post made perfect sense and blew any hopes of your scheme to get your "friend" off of a DUI, so now you're angry that he spelled out the truth. Tell your "friend" not to get behind the wheel minutes after drinking and he/she won't have to worry about finding a magical loophole to avoid the consequences of his/her own actions.

 

[FlyingRon]

Thank you for your feedback.

How can they say he was transported to a hospital if his signature is not even on the paperwork? And if he was booked at exactly the same time as he was discharged from a hospital 15 miles away?

What makes you think it's necessary to SIGN anything. I was a paramedic for years. Nobody signed anything either at the ambulance or the hospital (at least not until release time). If you refused treatment we'd make you sign a waiver.

Again, times on the paperwork are largely immaterial unless they have some relevance to the case. Once he's "booked" all the aspects needed to build the case against him almost certainly have already been collected.

 

[ShyCat]

With his hands handcuffed behind his back, and officers unwilling to uncuff him, he would be unable to sign anything. That seems a much more plausible scenario than anything being dreamed up by the drunk's friend.

 

[CdwJava]

I see on your profile that you are a law enforcement officer, not an attorney. And your demeanor is completely unnecessary and inappropriate. I'm going to take the high road and say thank you for your input and have a good weekend.

I'm sorry you do not seem to care for the truth of the matter. The TRUTH is that your friend's signature on a medical document is not going to matter one whit with regards to his criminal charges Not a bit. What WILL matter are the three things I have mentioned: Reasonable suspicion for the stop, probable cause for the arrest, and the chemical test. That's it! His signature is not needed.

And, you still have not mentioned what manner of post arrest test was provided in order to determine the BAC.