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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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my wife wrecked my vehicle thats in my name high on drugs and

Customer Question

my wife wrecked my vehicle thats in my name high on drugs and i requested the state police to drug test her and they didnt. i have hard proof she was under the influence. can he refuse not to?
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

I am so sorry to hear about what your car being wrecked.

 

1. Where did you ask the State police to drug test your wife, i.e., was this at the scene of the accident ?

 

2. Did the State police see your wife ?

 

 

Thank you,

 

 

 

Customer: replied 3 years ago.
yes at the scene i was on the phone with her becuase i work in texas. and my mom showed up at the scene asking the same thing because her name is XXXXX XXXXX title as well. they did see her. they did not even ticket her she ran off the interstate and hit a highway sign.
Expert:  Andrea, Esq. replied 3 years ago.

Thank you for your additional information,

 

Believe me, I understand the frustration you are feeling. You would think that if a husband, who knowshis wife's habits, asked the State police to drug test her, that they would take him seriously. Neither the State police, nor any member of any police department can be forced into drug testing anybody. The same rule applies if the driver had been drinking. You cannot really force them to do anything and they have an "out". Their defense would be that they personally observed the motorist and in their "educated and experienced" judgment, they did not believe that the driver had been high on drugs (Or, alcohol) as the case may be.

 

 

I wish I could give you the Answer you were hoping for, and it would have given me great pleasure to do so, but I have an ethical obligation to give you only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me.

Please be kind enough to rate my service to you as "Excellent Service",

 

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

 

Customer: replied 3 years ago.
they didnt even give her a ticket she didnt even have her license on her. no one called me and asked me what they needed to do with my vehicle. they are taking it to a tow yard that i dont even know its location. and by what my mom saw when she got to the scene the tahoe and the sign she hit are ruined.
Expert:  Andrea, Esq. replied 3 years ago.

Just like you cannot force the police to give a driver a drug or alcohol test, we cannot force the police to give a driver a ticket. We cannot even go to Court for this because the Judge would be quite angry with us and would probably ask why am I trying to tell the police how to do their job and since the police were at the scene, the Judge would also ask why am I trying to substitute the police's observations with what I want to be done. Since your mother's name is XXXXX XXXXX the car, she should have asked where they were taking the car. Otherwise, the police will not give out that information.

 

I wish I could give you the Answer you were hoping for, and it would have given me great pleasure to do so, but I have an ethical obligation to give you only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me.

Please be kind enough to rate my service to you as "Excellent Service",

 

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

 

Customer: replied 3 years ago.
She was driving down a straight stretch of interstate at 1:30 a.m when it happened is that not grounds enough to think something's wrong here?
Expert:  Andrea, Esq. replied 3 years ago.

May I ask what was lacking in my service to you that deserved a Bad Service rating ? Would you like clarification on anything ? Your rating reflects badly on my reputation with the website because my service to you was excellent and my Answers were correct, so I feel compelled to ask, why, in Heaven's name would any sane, rational person think that something was wrong simply because a motorist driving down any interstate highway at any time of day, or night for that matter, and that they deserve a ticket ? Customers come to JustAnswer because they are confident that they will receive correct Answers and respect the fact that we do not mislead them with misinformation simply because it is what they want to hear. By receiving correct information, customers are able to take the appropriate steps to protect themselves and their interests in any given situation. Giving me a bad service rating will not make the State police issue the ticket you think your wife should have received. You do not realize the trouble you would have faced if I had misled you by saying that you could force the police to issue a ticket to your wife. Had you asked a follow up question instead of giving me a bad service rating, I would have gladly told you what options you could pursue in your situation that would have given you satisfaction. I do not know how you could have expected me in good conscience to mislead you with incorrect information. Rest assured that the deposit you made was not with me.

 

 

I wish you the best of Luck,

 

 

 

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