Dui questions Help is needed.

[just789]

What is the name of your state (only U.S. law)? California

Let me tell you my story and if anyone has good advice please reply....

I went out with my pals and had a few drinks, after a fun night I was fine even though I had a few drinks, I was kind of tipsy but not drunk because I ate a lot of food. I droppe my friend off home and got on the fwy way were i was cut off and i swung my car to the right to avoid a collision....when I avoided the collision i lost control and hit the right embankment of the hwy causing my car to roll over...thank god i only came out with a few scratches and bruises.

I was in so much shock that i thought i was on my way to die in the ambulance...I remember the officer in the ambulance telling me that if i don't calm down he will f....ing shot me in the face with his tazzer. He was very mean!! I was in shock but i do remember the tazzer being in my face. What can i do about this?

They took me to the hospital where i was treated...then the officer told me i had to take a blood test, I did it and the officer said oh yeah its a dui.....

Ok....I asked for my bac level, he didn't give me one.

There was no bac level on my police report.

I was not taken to jail.

In my police report the officer said he preformed fst's (Field Sobriety Tests)on me...that never happened. I was unable to preform them i was in a hospital bed.

I thought that even if you were injured, and a officer gives u a dui...that you have to go to jail..or be placed in the hospital bed with hand cuffs on one arm.

What do you think i should do other than get a lawyer? Am i suppose to have a bac level on my police report? What can i do to get at least some lesser consequeces? help please!

Thanks

 

[CdwJava]

I was fine even though I had a few drinks, I was kind of tipsy but not drunk because I ate a lot of food.

If you felt the effects and were "tipsy" then there was an excellent chance you were impaired. The DUI laws are not about driving "drunk", but driving while impaired on drugs or alcohol.

I dropped my friend off home and got on the fwy way were i was cut off and i swung my car to the right to avoid a collision....when I avoided the collision i lost control and hit the right embankment of the hwy causing my car to roll over...thank god i only came out with a few scratches and bruises.

Okay, the "mystery driver running me off the road" defense is about as successful - and believable - as the "dog ran out in front of me" defense.

I was in so much shock that i thought i was on my way to die in the ambulance...I remember the officer in the ambulance telling me that if i don't calm down he will f....ing shot me in the face with his tazzer. He was very mean!! I was in shock but i do remember the tazzer being in my face. What can i do about this?

You can make a complaint to the officer's agency. You'd better hope that the ambulance crew sides with your account and does not support the officer with a rendition of how you were being combative and argumentative. Plus, if the officer was in the ambulance, dollars to donuts you were behaving badly and the medics requested his presence. I have NEVER ridden in an ambulance unless requested by an ambulance crew and as a result of a combative patient/prisoner.

Ok....I asked for my bac level, he didn't give me one.

He won't have the official blood test result back form some time. The hospital might have a result back, but they use a different method to determine the BAC so the police cannot generally use the hospital's results. The police likely sent a sample off to a contracted lab for analysis.

I was not taken to jail.

Yep ... because they did not want to adopt responsibility for your medical bills.

In my police report the officer said he preformed fst's (Field Sobriety Tests)on me...that never happened. I was unable to preform them i was in a hospital bed.

Are you sure you did not perform them at the scene before you got into the ambulance? If you do not remember anything, that is entirely possible.

Besides, it is not the report that goes to trial, it is the officer's testimony. If you decide to go to trial, the officer will testify as to how he made the determination of probable cause to believe you were DUI.

I thought that even if you were injured, and a officer gives u a dui...that you have to go to jail..or be placed in the hospital bed with hand cuffs on one arm.

You thought wrong.

What do you think i should do other than get a lawyer? Am i suppose to have a bac level on my police report? What can i do to get at least some lesser consequeces?

You need a lawyer ... a BAC level is not required on the report ... and your attorney can ask for a plea down to "wet reckless" (CVC 23103.5) if your BAC was not too high.

I'm curious how you got the report in the first place. Your local police department is very generous if they copied the entire report and gave it to you because they do not have to do that - they can tell you to get it through your attorney in discovery.

- Carl