T
TimJacobson
Guest
In Nov. 1996, I was arrested for a DUI. At that time I told the officer I had consumed some alcohol but was not intoxicated and this was the truth. I told the officer that I had just had dinner out with friends and a couple after-dinner drinks.
The officer right away gave me a portable breath test, then a number of FST's, he then told me to wait by my car while he went and talked to another officer who arived at the scene. I stood there waiting for 15 minutes and then the officer gave back and asked if I would subbmit to another portable breath tesI did not see the results of either and the officer only reported one and from the report this one was right before he arrested me. This test came back just under thwe legal limit.I took another test at the command post 20 min. later and then I was over the legal limit.
What the officer did was to prolong the roadside stop so that my BAC could climb above the legal limit. The officer knew my BAC would be climbing because I told him I just finished an after-dinner drink 5 minutes eariler.
I realized that the officer played me after being informed of the retrograde defense by the attorneys I hired to represent me. These attorneys are another story completely but after 1.5 yrs. to prepare for trial the attorneys failed to prepare any defence and I was forced to plead no-contest.
I then filed a petition for post conviction relief based upon ineffective assistance of counsel and this petition was granted. The charges were re-filed and on the day of re-trial the state dismissed the chrages on the merits of the case. What the State did not tell the court was that they had not produce a document I requested and that I would again seek a continuance because of this. This document was the incident report or the dispatcher's log. This document has a record of the time when I was stopped, arrested etc.
After the charges were dropped I requested this document from the police department and recieved what , I found out to be later, just the title block of the document which, did not support my allegations against the officer. Six months later I discovered that this was not the complete document and after receieving the complete document I say that it did prove my allegations against the officer. It proves that the officer prejured his testimony and falsified his report.
My question is can I still file suit because the state of limitations is 2 yrs. although I did not recieve the proof untill 2.5 yrs. after. When would this clock begin, any help?
Thanks, Tim
The officer right away gave me a portable breath test, then a number of FST's, he then told me to wait by my car while he went and talked to another officer who arived at the scene. I stood there waiting for 15 minutes and then the officer gave back and asked if I would subbmit to another portable breath tesI did not see the results of either and the officer only reported one and from the report this one was right before he arrested me. This test came back just under thwe legal limit.I took another test at the command post 20 min. later and then I was over the legal limit.
What the officer did was to prolong the roadside stop so that my BAC could climb above the legal limit. The officer knew my BAC would be climbing because I told him I just finished an after-dinner drink 5 minutes eariler.
I realized that the officer played me after being informed of the retrograde defense by the attorneys I hired to represent me. These attorneys are another story completely but after 1.5 yrs. to prepare for trial the attorneys failed to prepare any defence and I was forced to plead no-contest.
I then filed a petition for post conviction relief based upon ineffective assistance of counsel and this petition was granted. The charges were re-filed and on the day of re-trial the state dismissed the chrages on the merits of the case. What the State did not tell the court was that they had not produce a document I requested and that I would again seek a continuance because of this. This document was the incident report or the dispatcher's log. This document has a record of the time when I was stopped, arrested etc.
After the charges were dropped I requested this document from the police department and recieved what , I found out to be later, just the title block of the document which, did not support my allegations against the officer. Six months later I discovered that this was not the complete document and after receieving the complete document I say that it did prove my allegations against the officer. It proves that the officer prejured his testimony and falsified his report.
My question is can I still file suit because the state of limitations is 2 yrs. although I did not recieve the proof untill 2.5 yrs. after. When would this clock begin, any help?
Thanks, Tim