Arrested after being home for 2 hours after MINOR accident! (SORRY LONG)

[quincy]

Thanks... The arresting officer keeps calling me.. I think because he knows he messed up. They want me to show them the texts and calls I have that prove the accident happened earlier.. Should I just tell him I was advised not to discuss anything further with him? He's called me 3 times now..

Yes. You should say you will be seeing an attorney and intend to follow the attorney's advice. Until then, you have nothing to say.

Remember, you are under NO legal obligation to speak to the police. Watch the video again and again until you feel comfortable saying "no" to the police. Saying no to the police goes against most people's instinct to say yes. Fight the instinct. Cooperating with the police in their investigation of YOU is not in your best interests.

See the attorney! Good luck.

 

[quincy]

I received your private message and will answer your question here because the answer is: "I don't know."

What a police officer writes on his/her report depends in large part on the officer and on what the department expects the officer to write. Most departments use standard forms that the officer fills in so important data is not inadvertently left out.

The police report is used to support the reason for the officer's contact with a subject. The officer will be relying on the report to support any arrest and charge so details to this end are almost always included. The officer's memory may be tested if asked to testify in court on an incident so he will want good information on the report to refresh his memory.

Dates and times and test results and the impressions of the officer are all important and I would expect any report to include these. Although some times may be approximate (e.g., using words like about or around...), there is enough in most reports to justify what might need to be justified.

You might not be able to see a copy of the police report until your first appearance in court but your request for it earlier might be honored. Your attorney should receive a copy from the prosecutor.

We have police officers who post to this forum. Your question about whether or not the TIME you were asked to take the breathalyzer or chemical test, or the TIME of your refusal to test, will be noted on the report is not something I can answer with certainty. Perhaps the officer-members can let you know if it would be standard to note these times. They could be more helpful on this than I.

Good luck.

 

[luvlylady1981]

All charges dimissed!

Just wanted to update this thread.. I'm very happy to report that the DMV and the court dismissed ALL charged. I did not get an attorney but I took all the proof I had of what actually happened and thankfully it all worked out.

 

[luvlylady1981]

I received your private message and will answer your question here because the answer is: "I don't know."

What a police officer writes on his/her report depends in large part on the officer and on what the department expects the officer to write. Most departments use standard forms that the officer fills in so important data is not inadvertently left out.

The police report is used to support the reason for the officer's contact with a subject. The officer will be relying on the report to support any arrest and charge so details to this end are almost always included. The officer's memory may be tested if asked to testify in court on an incident so he will want good information on the report to refresh his memory.

Dates and times and test results and the impressions of the officer are all important and I would expect any report to include these. Although some times may be approximate (e.g., using words like about or around...), there is enough in most reports to justify what might need to be justified.

You might not be able to see a copy of the police report until your first appearance in court but your request for it earlier might be honored. Your attorney should receive a copy from the prosecutor.

We have police officers who post to this forum. Your question about whether or not the TIME you were asked to take the breathalyzer or chemical test, or the TIME of your refusal to test, will be noted on the report is not something I can answer with certainty. Perhaps the officer-members can let you know if it would be standard to note these times. They could be more helpful on this than I.

Good luck.

Hello, I actually got a copy of the call screens which included all of the information from the time the call was received, when the officer arrested me, when I refused and when I was taken back home. It was enough proof to get everything dismissed.

 

[quincy]

Hello, I actually got a copy of the call screens which included all of the information from the time the call was received, when the officer arrested me, when I refused and when I was taken back home. It was enough proof to get everything dismissed.

That is good to hear. Thanks for the update, luvlylady1981.

 

[CdwJava]

We have police officers who post to this forum. Your question about whether or not the TIME you were asked to take the breathalyzer or chemical test, or the TIME of your refusal to test, will be noted on the report is not something I can answer with certainty. Perhaps the officer-members can let you know if it would be standard to note these times. They could be more helpful on this than I.

Just saw this when I read the update.

While the time of a request and/or refusal may not be noted (but it might be), the date and time of any actual test almost certainly would have been since this is a factor in successful prosecution and the acceptance of the test as valid. I suspect that an approximate time would be noted on the report, though the time of a refusal is not entirely relevant.

 

[quincy]

Just saw this when I read the update.

While the time of a request and/or refusal may not be noted (but it might be), the date and time of any actual test almost certainly would have been since this is a factor in successful prosecution and the acceptance of the test as valid. I suspect that an approximate time would be noted on the report, though the time of a refusal is not entirely relevant.

Thanks for the information, Carl.