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DUI Help

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tranquility

Senior Member
Well, the o.p. will need to wait to get the report and see what time frame the officer indicates. The o.p. himself was very vague, the police usually are not. The officer will be aware of the time limit situation.
The officer can't indicate the "time frame", he wasn't there. Detectives may be able to help from getting a witness to testify. Or, from video tape which seems everywhere these days--if they go through that much trouble.
 


Zigner

Senior Member, Non-Attorney
The officer can't indicate the "time frame", he wasn't there. Detectives may be able to help from getting a witness to testify. Or, from video tape which seems everywhere these days--if they go through that much trouble.
Or through the admission of the OP...
 

tranquility

Senior Member
Or through the admission of the OP...
Or through a still warm engine and the officer had expertise in engine cooling times and used his scientifically calibrated heat measuring device and his knowledge of the weather conditions that night to calculate when the engine was last running.

But, the OP says:
I was at the scene not driving my vehicle for at least two hours waiting for a ride before police actually showed up. I was a couple hundred yards away from my vehicle at an intersection trying to give my location to a friend.
and:
I admitted to driving.
Now I understand a guy at .17 is not going to have a great memory of what he said. At the same time, it seems like there was some time between when he stopped driving and when the police arrived and his time estimate is not going to be that great either. In any case, his lawyer will handle things from this point forward and if we want to just start supposing facts that aren't in evidence and contradict the facts we do know, why stop there?

Maybe, the police saw the whole thing and were there seconds after the accident and caught him in the vehicle with the motor running.

Maybe.
 

krakensmashu

Junior Member
Thanks for the responses. I actually have contact history in my phone from that night that indicates a timeframe between the crash and being picked up. I called a friend and my mom right after the crash and I also made a call as the police were arriving. Between the crash and the police arriving, a little over 2 hours had elapsed. Then it was probably another hour before they even took my blood. Now my blood work hasn't come back yet, so I don't know what it will read. The officer made me take a breathalyzer twice and that's where I blew the .17. Not sure why I had to do it more than once.
 

CdwJava

Senior Member
A breath test generally consists of at least two samples. If these samples do not result in a BAC more than .02 off from each other, than the samples are considered valid and the machine registers this as a valid test. The specifics vary by machine, but I know of no machine used for mandatory tests that does not require two samples within that .02 range.
 

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