No Criminal Charges?

[zigfeld]

What is the name of your state?

Florida

A close friend of mine was in a bad accident (by himself) in April 2006. He never received a ticket, but then found out 3 weeks later that his license was suspended because he refused a blood test. An attorney fought the suspension and his license was reinstated in full. He had been drinking early in the day, but stopped and later got into a very dangerous accident with himself.

Fast forward...October 31, going on November...7 months later...no criminal charges or anything. Can he still or will a person still be charged with DUI even though there is not tests to support it?

I guess the best part of all of this, if there is a best part is that he survived and has been sober ever since. I guess he is still worried, even though taking a day at a time, about the fact that he could be charged and loose his job.'

 

[BigMistakeFl]

BigMistakeFl

I know someone in Fl who was served months after her accident. The ER did manage to get a blood draw from her, and the case proceeded, to her complete surprise. This was not her first, and she got some jail time as a result. In answer to your question, it is possible that they may still pursue the refusal under Florida's implied consent law, the one the driver agreed to when he or she got the license.

 

[zigfeld]

I know someone in Fl who was served months after her accident. The ER did manage to get a blood draw from her, and the case proceeded, to her complete surprise. This was not her first, and she got some jail time as a result. In answer to your question, it is possible that they may still pursue the refusal under Florida's implied consent law, the one the driver agreed to when he or she got the license.

Wow, that is interesting. How did they get blood drawn when she refused??

 

[BigMistakeFl]

BigMistakeFl

No no, sorry I was not more clear. She did not refuse, she was passed out and remembers nothing.

 

[danno6925]

He never received a ticket, but then found out 3 weeks later that his license was suspended because he refused a blood test

In PA, refusing a test results in automatic 1 yr suspension regardless of the outcome of the ciminal charges. Since he refused the blood test, he could still be charged, but I doubt he will be.

Can he still or will a person still be charged with DUI even though there is not tests to support it?

Yes. The DA could still file charges against him, but since there is no evidence to substantiate the BAC level at the time of the accident and support the DUI charge, none will likely be filed.

If they are filed, the DA will have no case, and a judge would likely dismiss due to lack of evidence. He might have made a mistake by driving, but the refusal was pretty smart.

 

[zigfeld]

No no, sorry I was not more clear. She did not refuse, she was passed out and remembers nothing.

Thank you for writing about it. I told my friend just to have trust in his attorney who got his license reinstated right away. It seems like the attorney is on it. I guess he is struggling to have faith in himself, and in turn has a harder time with others.

This site has been very educational for me as well.

 

[zigfeld]

In PA, refusing a test results in automatic 1 yr suspension regardless of the outcome of the ciminal charges. Since he refused the blood test, he could still be charged, but I doubt he will be.

Yes. The DA could still file charges against him, but since there is no evidence to substantiate the BAC level at the time of the accident and support the DUI charge, none will likely be filed.

If they are filed, the DA will have no case, and a judge would likely dismiss due to lack of evidence. He might have made a mistake by driving, but the refusal was pretty smart.

In Florida it is an automatic 1 year suspension too. But somehow his attorney got his license "fully" reinstated to normal status in a few days.

Yes it appears he was very dumb and smart by refusing. It does make me think though, about how people get to certain points in their lives. The lucky ones get to change the course if negative.

 

[BigMistakeFl]

BigMistakeFl

Wait a minute.... I've been there and done that myself here in Florida.

One of the first things a DUI lawyer will do is request a DMV hearing to determine if the cop had probable cause. (This is totally seperate from the court case) Once the lawyer makes that request, the license is not reinstated, but a temporary license is issued pending outcome of said hearing.

Are you sure this is not what your friend has received? The DMV hearings are usually within only a few weeks.

 

[zigfeld]

Wait a minute.... I've been there and done that myself here in Florida.

One of the first things a DUI lawyer will do is request a DMV hearing to determine if the cop had probable cause. (This is totally seperate from the court case) Once the lawyer makes that request, the license is not reinstated, but a temporary license is issued pending outcome of said hearing.

Are you sure this is not what your friend has received? The DMV hearings are usually within only a few weeks.

Yes, absolutely sure. It is his regular license, fully reinstated. He never had to get a temporary. Actually the citation (for not giving a blood test) was thrown out. It is odd, but totally true.

 

[garrula lingua]

If a driver was hospitalized, the Prosecutor can subpoena the medical records of the driver & the blood test taken for hospital purposes, can be used to prosecute a DUI case - it will show the driver's BAC.

Sometimes, the hospital takes a long time to respond to subpoenas.

The Prosecutor usually has up to a year to charge the DUI.

 

[zigfeld]

If a driver was hospitalized, the Prosecutor can subpoena the medical records of the driver & the blood test taken for hospital purposes, can be used to prosecute a DUI case - it will show the driver's BAC.

Sometimes, the hospital takes a long time to respond to subpoenas.

The Prosecutor usually has up to a year to charge the DUI.

Thanks for responding. Whatever happens, I'm sure he learned from this. He does seem like a different person than he once was. Too bad he didn't find AA before he got himself into this problem.

People do have their share of problems, but it is wonderful that he didn't kill or mame anyone in his horrible accident. I guess you live you learn.