DUI and Nevada blood test

[blove29]

What is the name of your state? Nevada

Just moved to Las Vegas and went through the crappy experience of a DUI, the first in over 13 years of driving. Just moved here from Texas about 2 months ago, and I cant believe how the police act here.

I was arrested and taken to the station and sat in a waiting room for 30 minutes, and then was asked to go to a room where they wanted to conduct a blood test to found out my BAC. I had said no to the field sobriety test and a breath test was not offered to me. When sitting in a room with 3 police officers and a nurse they asked me to take the blood test and i said no. They then repeated to tell me i needed to take the test and I refused.

Here is where it gets interesting and is my main concern and question. After a refusal of the blood test and i was sitting down in a chair, handcuffed, and not being obnoxious or stupid one of the police officers started Choking me and didnt let go until I almost passed out. I was stunned and thought my life was being threatened and was almost at my breaking point where i felt like i should defend my life and fight back. I couldnt believe it, I was being choked to death by a police officer. Well after being almost unconcious and scared for my life I gave in and took the blood test. Is this a civil case I can win? I want the blood test thrown out because of this and i am really serious about filing a charge against the las vegas metro police. Do I have a good reason to do so and based on my civil case can i get this dui case thrown out and dismissed? I am not kidding about being nearly strangled to death by a police officer, and it no such way was I violent whatsoever, I was very peaceful.

Thanks for any help

 

[ceara19]

What is the name of your state? Nevada

Just moved to Las Vegas and went through the crappy experience of a DUI, the first in over 13 years of driving. Just moved here from Texas about 2 months ago, and I cant believe how the police act here.

I was arrested and taken to the station and sat in a waiting room for 30 minutes, and then was asked to go to a room where they wanted to conduct a blood test to found out my BAC. I had said no to the field sobriety test and a breath test was not offered to me. When sitting in a room with 3 police officers and a nurse they asked me to take the blood test and i said no. They then repeated to tell me i needed to take the test and I refused.

Here is where it gets interesting and is my main concern and question. After a refusal of the blood test and i was sitting down in a chair, handcuffed, and not being obnoxious or stupid one of the police officers started Choking me and didnt let go until I almost passed out. I was stunned and thought my life was being threatened and was almost at my breaking point where i felt like i should defend my life and fight back. I couldnt believe it, I was being choked to death by a police officer. Well after being almost unconcious and scared for my life I gave in and took the blood test. Is this a civil case I can win? I want the blood test thrown out because of this and i am really serious about filing a charge against the las vegas metro police. Do I have a good reason to do so and based on my civil case can i get this dui case thrown out and dismissed? I am not kidding about being nearly strangled to death by a police officer, and it no such way was I violent whatsoever, I was very peaceful.

Thanks for any help

Can you PROVE that any of this happened. The word of an intoxicated individual won't get you far in court.

 

[blove29]

I believe so, after the police officer left that choked me I asked the nurse if this room was being monitored by video and she said yes. Also, there were a total of 5 people in the room. The nurse, the police office that strangled me, the 2 arresting police officers, and then me. Under oath i do not know if the nurse would lie or maybe the 2 arresting police officers, but then again they might and then that is where i would fall back on the video. I havent lived here for long in vegas but I have heard many stories prior to this of how bad the las vegas metro is and the corruption. Check this out http://newstandardnews.net/content/index.cfm/items/3405

 

[ceara19]

I believe so, after the police officer left that choked me I asked the nurse if this room was being monitored by video and she said yes. Also, there were a total of 5 people in the room. The nurse, the police office that strangled me, the 2 arresting police officers, and then me. Under oath i do not know if the nurse would lie or maybe the 2 arresting police officers, but then again they might and then that is where i would fall back on the video. I havent lived here for long in vegas but I have heard many stories prior to this of how bad the las vegas metro is and the corruption. Check this out http://newstandardnews.net/content/index.cfm/items/3405

What makes you think that this video tape still exists? If they are as corrupt as you are making them out to be, I'm sure the tape has been "misplaced" by now. I'm not trying to argue the validity of your claims, because I wasn't there and I have no idea what happened.

As far as the story you provided a link to, that's not what I would call a "credible source". The officer was cleared and the shooting was ruled justifiable by a jury. There was no corruption involved in that matter.

If you think you have a case against LVPD, start talking to civil rights attorneys. If you really do have a case, you will find an attorney to take the case on contingency.

 

[blove29]

Well the tape probably doesnt exist, i got a free consultation from an attorney in regards to the criminal matter and he did happen to mention the civil part very briefly, but mainly focused on the DUI itself. "He said it is amazing how videotapes get lost or the video runs out of tape when you have something that would help your case, but they always manage to find the tapes that would hurt your case" so true. He is not a civil attorney so he was very brief about it.

I guess I will talk to some civil attorneys and see what they say. Someone also told me to contact the fbi that is here and to go to the fbi building. i guess they have been monitoring LV metro here for some time and would like to here what I have to say. Yes, i know the FBi.

As far as the strangling of me with a chokehold, it did happen. And is completetly messed up that an officer would do that, unless a person was violent or something. But i think sitting in a chair, handcuffed and remaining calm does not give the right to choke someone no matter what.

 

[AHA]

What is the name of your state? Nevada

Just moved to Las Vegas and went through the crappy experience of a DUI, the first in over 13 years of driving. Just moved here from Texas about 2 months ago, and I cant believe how the police act here.

I was arrested and taken to the station and sat in a waiting room for 30 minutes, and then was asked to go to a room where they wanted to conduct a blood test to found out my BAC. I had said no to the field sobriety test and a breath test was not offered to me. When sitting in a room with 3 police officers and a nurse they asked me to take the blood test and i said no. They then repeated to tell me i needed to take the test and I refused.

Here is where it gets interesting and is my main concern and question. After a refusal of the blood test and i was sitting down in a chair, handcuffed, and not being obnoxious or stupid one of the police officers started Choking me and didnt let go until I almost passed out. I was stunned and thought my life was being threatened and was almost at my breaking point where i felt like i should defend my life and fight back. I couldnt believe it, I was being choked to death by a police officer. Well after being almost unconcious and scared for my life I gave in and took the blood test. Is this a civil case I can win? I want the blood test thrown out because of this and i am really serious about filing a charge against the las vegas metro police. Do I have a good reason to do so and based on my civil case can i get this dui case thrown out and dismissed? I am not kidding about being nearly strangled to death by a police officer, and it no such way was I violent whatsoever, I was very peaceful.

Thanks for any help

Yeah, get rid of the Vegas police. That way all the drunk drivers can go wild every day/night and pretty soon every innocent SOBER man, woman and child in town will be dead. GO FOR IT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[CdwJava]

Note that the law allows law enforcement to obtain blood evidence even if against your wishes. So long as the method used does not shock the conscience of the court, they are permitted to restrain you as they draw the blood. Whether that is what happened her or not is a question for the attorneys and the court if you have the money to retain an attorney for a civil suit.

However, you should first address the criminal matter.

- Carl

 

[blove29]

Yeah, get rid of the Vegas police. That way all the drunk drivers can go wild every day/night and pretty soon every innocent SOBER man, woman and child in town will be dead. GO FOR IT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

You completetly missed what I was saying, I am not saying all las vegas police are bad. There just happen to be a few more here that are bad then other police departments. Filing a civil case isnt against the entire police department, but one person of the police department that is abusing his power as a law enforcement agent. And you do not know all of the facts of the case, yes i was charged with a dui, but that doesnt necasarilly make me drunk the night that it happened, just like every person in this world that was charged with murder, wasnt actually a murderer. You type of people scare me in your way of thought, and i hope you are never chosen as a juror in any trial.

CDjawa i found this article in regards to a chokehold today, it is california. But nevada laws and california are about the same.

"
Problems arise, however, when the suspect refuses to open his mouth and either attempts to swallow the evidence or it reasonably appears such an attempt is imminent. In the past, officers sometimes responded by applying a "choke hold" which may prevent swallowing and cause the suspect to open his mouth. But choke holds also prevent or obstruct the passage of air into the lungs and may obstruct the flow of blood to the brain.(62) In other words, choke holds are very dangerous.

Consequently, choke holds are unlawful and that any evidence obtained through use of a choke hold must be suppressed.(63) In the words of the Court of Appeal, "California cases have uniformly held it is excessive force to choke or use a choke hold to make a defendant spit out evidence secreted in his mouth."(64) Or as the court stated in People v. Johnson,(65) "[C]hoking someone to recover evidence violates due process, without any need to inquire into the precise degree of choking involved."

Now that has to with somebody holding drugs in their mouth, but the last sentence there for the People v. Johnson can be used for evidence with blood.

source http://www.acgov.org/da/pov/documents/Bodily_intrusion.htm

 

[CdwJava]

A "choke hold" is something different than a "carotid restraint" hold ... one blocks the air supply and the other blocks the blood supply. A "carotid restraint" is generally lawful.

Why they did what they did, and whether it was unlawful is something a court will have to decide. However, if you were pretty inebriated at the time, or were argumentative, resistive, or combative, it ain't gonna go well for you.

I would suggest consulting a criminal defense attorney before leaping to a lawsuit. Oh, and it won't be against the officer, it will be against the department. No attorney is going to limit the suit against one individual with limited assets ... not to mention the fact that the agency will almost certainly indemnify the officer except under the most extreme circumstances.

- Carl

 

[AHA]

You completetly missed what I was saying, I am not saying all las vegas police are bad. There just happen to be a few more here that are bad then other police departments. Filing a civil case isnt against the entire police department, but one person of the police department that is abusing his power as a law enforcement agent. And you do not know all of the facts of the case, yes i was charged with a dui, but that doesnt necasarilly make me drunk the night that it happened, just like every person in this world that was charged with murder, wasnt actually a murderer. You type of people scare me in your way of thought, and i hope you are never chosen as a juror in any trial.

CDjawa i found this article in regards to a chokehold today, it is california. But nevada laws and california are about the same.

"
Problems arise, however, when the suspect refuses to open his mouth and either attempts to swallow the evidence or it reasonably appears such an attempt is imminent. In the past, officers sometimes responded by applying a "choke hold" which may prevent swallowing and cause the suspect to open his mouth. But choke holds also prevent or obstruct the passage of air into the lungs and may obstruct the flow of blood to the brain.(62) In other words, choke holds are very dangerous.

Consequently, choke holds are unlawful and that any evidence obtained through use of a choke hold must be suppressed.(63) In the words of the Court of Appeal, "California cases have uniformly held it is excessive force to choke or use a choke hold to make a defendant spit out evidence secreted in his mouth."(64) Or as the court stated in People v. Johnson,(65) "[C]hoking someone to recover evidence violates due process, without any need to inquire into the precise degree of choking involved."

Now that has to with somebody holding drugs in their mouth, but the last sentence there for the People v. Johnson can be used for evidence with blood.

source http://www.acgov.org/da/pov/documents/Bodily_intrusion.htm

If you weren't drunk, there shouldn't have been such drama from you to take a test and prove that. Since you refused and acted like a 4 year old about it, it proves that you should not have been driving that night. Nice going blaming a cop's actions for your drunk driving.

 

[blove29]

If you weren't drunk, there shouldn't have been such drama from you to take a test and prove that. Since you refused and acted like a 4 year old about it, it proves that you should not have been driving that night. Nice going blaming a cop's actions for your drunk driving.

Heh, you are so wrong but you are entitled to your opinion. Nobody acted like a 4 year old, in fact I was very respectful to all of the officers, and remained calm and never spoke out in defiance to anyone. I was very peaceful throughout the process and never raised my voice or acted silly or used abusive language to anyone.

And as far as me wanting to refuse the blood test, as I guess that makes me guilty (sarcasm) because I didnt want needls stuck in my arm at a police station where they are going to be biased towards me. Should have been done at a hospital and done independently from people that arent going to be biased towards me.

My whole point is i didnt act up at all and was very cooperative, hence there was no reason for a chokehold. Read my posts and then respond with something intelligent.

 

[panther10758]

Your dead where you stand in my view

Now are you claimng you were not drunk? If so you refused the oly evidence you will have to support that! Furthermore any action you take for the alledged mistreatment is now suspect because you were drunk!? Whine all you want I feel you were both drunk and disorderly and the officer acted within department policy! Go ahead hire Lawyers they will laugh all the way to the bank! If you were not drunk why refuse tests? If yo uwere drunk then you memory of alledge events is now suspect! Your grasping at straws and will pay large amount sof cash with no results that will suit you. IMHO

 

[AHA]

Heh, you are so wrong but you are entitled to your opinion. Nobody acted like a 4 year old, in fact I was very respectful to all of the officers, and remained calm and never spoke out in defiance to anyone. I was very peaceful throughout the process and never raised my voice or acted silly or used abusive language to anyone.

And as far as me wanting to refuse the blood test, as I guess that makes me guilty (sarcasm) because I didnt want needls stuck in my arm at a police station where they are going to be biased towards me. Should have been done at a hospital and done independently from people that arent going to be biased towards me.

My whole point is i didnt act up at all and was very cooperative, hence there was no reason for a chokehold. Read my posts and then respond with something intelligent.

You acted like a defiant 4 year old, bottom line, but I don't expect you to see it as that's clearly your personality. It's a good thing you're not a woman, you'd never survive childbirth if you can't even take a needle.

 

[CdwJava]

And as far as me wanting to refuse the blood test, as I guess that makes me guilty (sarcasm) because I didnt want needls stuck in my arm at a police station where they are going to be biased towards me.

The officer's bias - if there truly was one - would not effect the outcome of a chemical test one iota. The officer does not run the test, and chances are the phlebotomist or nurse taking the blood does not run the test, either. It would be run by a certified lab (police or private) that would have no idea what your attitude was - nor would they care. The test would result in the BAC.

Should have been done at a hospital and done independently from people that arent going to be biased towards me.

I have worked for three agencies in my almost 16 years in law enforcement. Two of those three agencies have a phlebotomist or nurse respond to the jail or department to draw blood. For my current agency we are 6 blocks from the county hospital, so it's easier to do it there.

The standard is that the blood be drawn in a medically approved manner, not that it be done at a medical facility.

My whole point is i didnt act up at all and was very cooperative, hence there was no reason for a chokehold.

You may not have been subject to "a chokehold." Depending on the circumstances, it might have been a permissable carotid restraint. From what YOU wrote, I don't see that as appropriate. However, it is very likely that the others might have a different interpretation of your cooperation and attitude.

Consult local counsel.

- Carl

 

[blove29]

Now are you claimng you were not drunk? If so you refused the oly evidence you will have to support that! :

Well, I can agree with what you say. But, our judicial system isnt suppose to work that way. I do not have to prove my innocence, as I am innocent until proven guilty. My innocence does not need to be proven, a court needs to prove that I am guilty and guilty beyond a reasonable doubt.

That way of thinking is saying you are guilty until proven innocent.