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charged based on tox results taken 3 days after accident?

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Msnj

Junior Member
What is the name of your state (only U.S. law)? Colorado

I don't even know a sophisticated enough test exists and is available to law enforcement whereby the amount of which drug(s) and when taken can be determined days or weeks after their use. If not then this question is less of an issue, but...

I heard of someone who got in a car accident and wasn't issued a citation of any sort at the scene but was told s/he would be after the investigation was complete. Sure enough, 3 days later s/he was asked to come down to the precinct. S/he wasn't impaired at the time of the accident but had used enough of an illicit substance or 2 recently enough that it would show up on a blood test for a while after. S/he's hoping the invite is just to be handed a careless driving ticket and that's it, but wouldn't that be better handled by mail? The more s/he thinks about it, the more the fear of being ambushed upon arrival seems imminent. The only unlawful activity s/he can think of is the drug use and any way they may to tie it to the accident, but who knows?

Is this a legitimate fear or does s/he watch too much TV?

S/he feels terrible about the accident, for which she was most likely at fault. S/he also wants to be respectful of taxpayer money as well as the time of the police force and as such doesn't want to tie up more resources than necessary by showing up to the precinct with legal counsel just to be issued a traffic ticket. But if it turns out to be anything more than that, when is the time to stop answering questions and request the aforementioned legal counsel?
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Colorado

I don't even know a sophisticated enough test exists and is available to law enforcement whereby the amount of which drug(s) and when taken can be determined days or weeks after their use. If not then this question is less of an issue, but...

I heard of someone who got in a car accident and wasn't issued a citation of any sort at the scene but was told s/he would be after the investigation was complete. Sure enough, 3 days later s/he was asked to come down to the precinct. S/he wasn't impaired at the time of the accident but had used enough of an illicit substance or 2 recently enough that it would show up on a blood test for a while after. S/he's hoping the invite is just to be handed a careless driving ticket and that's it, but wouldn't that be better handled by mail? The more s/he thinks about it, the more the fear of being ambushed upon arrival seems imminent. The only unlawful activity s/he can think of is the drug use and any way they may to tie it to the accident, but who knows?

Is this a legitimate fear or does s/he watch too much TV?

S/he feels terrible about the accident, for which she was most likely at fault. S/he also wants to be respectful of taxpayer money as well as the time of the police force and as such doesn't want to tie up more resources than necessary by showing up to the precinct with legal counsel just to be issued a traffic ticket. But if it turns out to be anything more than that, when is the time to stop answering questions and request the aforementioned legal counsel?
She should hire an attorney and she should NOT speak to the police until she has - and then only on the advice of her lawyer.

Anything she says can be used against her.
 

LdiJ

Senior Member
She should hire an attorney and she should NOT speak to the police until she has - and then only on the advice of her lawyer.

Anything she says can be used against her.
I agree. I will also say that its not very likely that they would invite her to the precinct just to get a traffic ticket.
 

Taxing Matters

Overtaxed Member
Is this a legitimate fear or does s/he watch too much TV?
She probably does watch too much TV, as do many Americans. :D

The time for the state to have sought drug drug and alcohol tests would have been at the time of the accident. If it did not do that then getting tests several days after the accident is not very useful as it will not show what drugs or alcohol were present at the time of the accident. But that does not mean that she does not have risk in going down and talking with the cops. They are not asking her there for a social conversation or just to hand her a ticket. They likely want to ask more questions about the accident, and she should not do that without at least having her own lawyer present. Before agreeing to go meet with the police she needs to consult a criminal defense lawyer for advice on what to do.
 

FlyingRon

Senior Member
Depends on the test. Sequestered blood (bruises, etc..) may indeed show levels at the time of injury. In addition, if there is other evidence of drug consumption, the lingering traces (amount of base drug to metabolites) can be supporting evidence.

All the more reason to shut up and allow the lawyer to handle it.
 
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Taxing Matters

Overtaxed Member
Depends on the test. Sequestered blood (bruises, etc..) may indeed show levels at the time of injury.
The problem is proving the time of it. A bruise might have occurred after the accident, for example, in which case its value in proving intoxication at the time of the accident is not very good. When the suspect has been out of police custody for days the police may have a difficult time proving when the injury causing the bruise actually occurred. Thus the police need more than just the test. They need other information to relate it to what was present at the time of the accident.
 

Mass_Shyster

Senior Member
A drug test on a sample taken days afterwards would certainly be challenged in court.

But why let it get to that level?

Do not talk to the police unless advised by, and in the presence of, an attorney.

If they want to issue a citation, they can mail it.
 

PayrollHRGuy

Senior Member
A hair strand test can give somewhat of a time line but I have never heard of them being used in court in a criminal/traffic case.
 

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