• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Check this out

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

INDY559

Junior Member
A few months ago i was in a traffic stop. The basis for the stop was that i was stopped too long at a green light?!? A field sobriety test was done. The cop was quite rude. The breath test was refused. However when the blood reports came in the results showed no preservatives in the blood thus the test did not comply with tittle 17 regulations. The blood was coagulated. I have won the dmv hearing on the basis that the blood test not comply with tittle 17 regulations. I was not read my miranda rights. Was curious to see how much of a case i had. The state is California.
 
Last edited:


quincy

Senior Member
And the name of your state is...?

I assume Indiana, but the question needs to be answered to get relevant advice.
 

Antigone*

Senior Member
A few months ago i was in a traffic stop. The basis for the stop was that i was stopped too long at a green light?!? A field sobriety test was done. The cop was quite rude. The breath test was refused. However when the blood reports came in the results showed no preservatives in the blood thus the test did not comply with tittle 17 regulations. The blood was coagulated. I have won the dmv hearing on the basis that the blood test not comply with tittle 17 regulations. I was not read my miranda rights. Was curious to see how much of a case i had.
So check this out, you've been watching too much Adam 12. You do not have to have your Miranda Rights read to you unless you are being questioned.

It is hilarious to think that a police officer would be sweet as roses to an idiot who is endangering the lives of others by driving drunk. The blood test is just one piece of evidence. So if that evidence is not available the officer's testimony and the fact that you refused the breathlyzer test does not look for for you.

Sorry Q, I missed that part.
 

LdiJ

Senior Member
A few months ago i was in a traffic stop. The basis for the stop was that i was stopped too long at a green light?!? A field sobriety test was done. The cop was quite rude. The breath test was refused. However when the blood reports came in the results showed no preservatives in the blood thus the test did not comply with tittle 17 regulations. The blood was coagulated. I have won the dmv hearing on the basis that the blood test not comply with tittle 17 regulations. I was not read my miranda rights. Was curious to see how much of a case i had.
You have no case at all. A refusal of a breathalizer test in Indiana is an automatic guilty.
 

INDY559

Junior Member
reply

And the name of your state is...?

I assume Indiana, but the question needs to be answered to get relevant advice.
The state is California. Any advice would be helpful thanks.

So check this out, you've been watching too much Adam 12. You do not have to have your Miranda Rights read to you unless you are being questioned.

It is hilarious to think that a police officer would be sweet as roses to an idiot who is endangering the lives of others by driving drunk. The blood test is just one piece of evidence. So if that evidence is not available the officer's testimony and the fact that you refused the breathlyzer test does not look for for you.

Sorry Q, I missed that part.
Antigone.. When you run a red light you are endangering lives, when you speed on the freeway you are endangering lives, would you be able to honestly tell me you have never broke the law when it has come to driving? Mistakes are made by everyone. You live and learn. Today you can sit there and call me an idiot maybe tomorrow someone will be calling you an idiot about something else. The moral of the story to be honest is that a mistake has been made and to learn from it and attempt to reverse it in the least damaging way possible. I hope you understand my situation. thanks.
 

Zigner

Senior Member, Non-Attorney
The state is California. Any advice would be helpful thanks.



Antigone.. When you run a red light you are endangering lives, when you speed on the freeway you are endangering lives, would you be able to honestly tell me you have never broke the law when it has come to driving? Mistakes are made by everyone. You live and learn. Today you can sit there and call me an idiot maybe tomorrow someone will be calling you an idiot about something else. The moral of the story to be honest is that a mistake has been made and to learn from it and attempt to reverse it in the least damaging way possible. I hope you understand my situation. thanks.
Choosing to drink & drive is not a "mistake" :rolleyes:
 

tranquility

Senior Member
When you say the "breath test" was refused, do you mean the device used by the officer at the scene or the breath tester at the station? Why was there a blood test? Was it because you refused to take a chemical analysis or was that just your choice?
 

Antigone*

Senior Member
The state is California. Any advice would be helpful thanks.



Antigone.. When you run a red light you are endangering lives, when you speed on the freeway you are endangering lives, would you be able to honestly tell me you have never broke the law when it has come to driving? Mistakes are made by everyone. You live and learn. Today you can sit there and call me an idiot maybe tomorrow someone will be calling you an idiot about something else. The moral of the story to be honest is that a mistake has been made and to learn from it and attempt to reverse it in the least damaging way possible. I hope you understand my situation. thanks.
No way you can compare an honest mistake with drunk driving. I don't understand your situation, I dont' understand drunk drivers. I wish my daughter could understand, but because of a drunk driver... she can't either.

Stop trying to shirk your responsiblity by looking for a technicality. Own up, get help and stop driving when you've been drinking.
 
Last edited:

xylene

Senior Member
Every DWI case requires a lawyer.

The basis for the stop was that i was stopped too long at a green light?!?
Why the ?!?

You were spaced out at a green light. That is definitely proabable cause for a DWI stop.

A field sobriety test was done.


Was curious to see how much of a case i had.
What kind of case do you mean?

You have been arrested for a serious charge. You need an experienced DWI lawyer. You, as a lay DWI defendant, will have NO CHANCE of beating or minimizing the rap.
 

Just Blue

Senior Member
The state is California. Any advice would be helpful thanks.



Antigone.. When you run a red light you are endangering lives, when you speed on the freeway you are endangering lives, would you be able to honestly tell me you have never broke the law when it has come to driving? Mistakes are made by everyone. You live and learn. Today you can sit there and call me an idiot maybe tomorrow someone will be calling you an idiot about something else. The moral of the story to be honest is that a mistake has been made and to learn from it and attempt to reverse it in the least damaging way possible. I hope you understand my situation. thanks.
www.aa.org
 

INDY559

Junior Member
When you say the "breath test" was refused, do you mean the device used by the officer at the scene or the breath tester at the station? Why was there a blood test? Was it because you refused to take a chemical analysis or was that just your choice?
I refused. In california you can refuse a breath. But u must submit to blood test.
Choosing to drink & drive is not a "mistake" :rolleyes:
No way you can compare an honest mistake with drunk driving. I don't understand your situation, I dont' understand drunk drivers. I wish my daughter could understand, but because of a drunk driver... she can't either.

im sorry about your loss.

Stop trying to shirk your responsibility by looking for a technicality. Own up, get help and stop driving when you've been drinking.
I will get all the help i can for that one time. Thanks for helping bro. I believe that repetitive mistakes should be punished. If someone makes a mistake and realizes it he should be let go. Especially if their is no victim. Only mistakes that are habits should be punished. Im curious to what your beliefs are?
 

Ohiogal

Queen Bee
I refused. In california you can refuse a breath. But u must submit to blood test.




I will get all the help i can for that one time. Thanks for helping bro. I believe that repetitive mistakes should be punished. If someone makes a mistake and realizes it he should be let go. Especially if their is no victim. Only mistakes that are habits should be punished. Im curious to what your beliefs are?
Here is advice: Red means stop, green means go. Yellow -- well caution or go very very fast. And mistakes that are habits -- if you make a habit of being stupid, you will kill someone and that means someone will pay for your mistake. Sorry but no.
 

INDY559

Junior Member
Here is advice: Red means stop, green means go. Yellow -- well caution or go very very fast. And mistakes that are habits -- if you make a habit of being stupid, you will kill someone and that means someone will pay for your mistake. Sorry but no.
If you kill people by being stupid. Then your comment makes it seem like you kill a lot. I hope your comments dumber than you are... for your sake.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top