So. Cali. DUI case info. significance...

[Iloveangels]

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

There is much about my case which stinks, but this I find the most odd as I come up on my pre-trial date 9 months later. The officer was called to a sole car accident (mine) just near my home. I was immediately assessed, given a breathalizer, given my citation, and put in the ambulance, where I was transported to an area hospital for injuries. The incident time of arrest on 2 documents he gave me said the incident occurred @ 2:50 am. Once at the hospital, I consented to a blood test and brief treatment. After that I was delivered with a severely broken collar bone to the jail. The booking time on all the jail documents says 5:11 am. So, now comes the cop a few months later submitting to change the original arrest time from 2:50 am to 1:50 am. The kicker here is, there is NO way. I was transported from the crash to the hospital within 25 minutes. Was at the hospital no longer than an hour, and transpo to the jail was 10 minutes. How does this now become a total of 3:21 minutes - that is not feasible. I stick with the original time of arrest (2:50 am). My question is 1) Why would he be doing this 2) Could this help me in any way to get the charges dropped?

 

[CdwJava]

The times might only be relevant if it comes to the time delay in taking the mandatory chemical test. However, since you appear to have given a breath test in the field before you were transported, the time between contact and the test would seem to be less relevant unless the state intends to use your blood drawn at the hospital as evidence against you. Otherwise, whether it was 1:50 or 2:50 does not really matter all that much. Besides, the times will be easy to verify because his dispatch center's records will indicate the time of the call and other activity, as will the records of the ambulance and the hospital. So, if he is dropping the time back to 1:50 I suspect it is because he has verification to show that to be a true and accurate reflection of the time ... or, he is a moron.

It will be up to your attorney to evaluate the issue and decide if it is at all relevant. I suspect not. But, you never know.