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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26757
Experience:  Began practicing law in 1992
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I worked overtime, and had been under intermittent FMLA thru

Customer Question

I worked overtime, and had been under intermittent FMLA thru my employer due to my spinal damage. I have to take prescription controlled substances for my pain, due to un-operable conditions. I have taken the same meds for over 2 1/2 years. I left work to go to get something to eat, less than 2 mi from my home. I knew my hypoglycemia was getting to the point where I had to get home and eat. (However I was fine when I left the house.)
On the way home about 1/2 mi from my house I took a drink of a sweet berry slushy, which threw me into a hypoglycemic blackout. I was finally alert enough to pull over, but by that time. I had the police behind me. He never read me my 5th amendment rights prior to asking me if I had been drinking. I said no, I do not drink because of my meds. He then pressured me to tell him what meds and when I said what they were, being narcotics, he handcuffed me, took me to the ER to have my blood drawn prior to the blood consent law being passed. I also did not authorize this blood draw. I asked the ER to test my blood sugar. Which was never tested. The ER labeled me on my discharge papers as a Drug Addict. Without them even knowing my medical history. And then I was taken to jail with still no food and spent roughly 12 hours still with no food. I could have gone into a coma. Thankfully I didn't. With no evidence of alcohol or the tox report, I feel they should never have taken me in to begin with. Now I have gone from Apr 5 of 2011 to now with continued proceedings trying to fight this unjust charge. When I was charged, I lost my job that I was tenured with. Prior to this, and after Apr 5 2011, I lost my mom, then my dad, and my grandmother, then my job. With this looming overhead about the DUI. I would really like to know, my rights. I feel like my rights were stepped all over. Can you help shed any light on the rights and wrongs of this situation?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

ok

Customer:

The Blood consent law was not in effect at this time. How can they legally take my blood without my consent? that is 1 question.

Customer:

q 2) How can they say I am intoxicated on meds that I have therapeutic levels per the tox report.

Customer:

not to mention I have taken the same meds for almost 3 years. I know how they effect me.

Customer:

it was a medical emergency and that's all. but the idiot cop knew nothing about diabetes or hypoglycemia

Customer:

he heard narcotics and that was that

Customer:

plus he made me give this info with reading my Mirada rights first. which incriminated myself so the speak. Although I did nothing wrong. it is completely legal written scripts by the dr I have seen for over 6 years

JD 1992 :

How can they legally take my blood without my consent? Up until recently the state courts were holding that the police could have blood drawn without a warrant. However, that changed a few months ago when the Supreme Court ruled that they could not.

JD 1992 :

2) How can they say I am intoxicated on meds that I have therapeutic levels per the tox report.

JD 1992 :

Taking medicines as prescribed doesn't mean that you can't still be"intoxicated" under the law and illegal to drive.

Customer:

this happened in April 5 2011

JD 1992 :

The Supreme Court case will apply to all warrantless blood draws.

JD 1992 :

The case that was decided happened pre-2010.

Customer:

so does that mean he did not have the right to take my blood.

JD 1992 :

If the case is still pending you should be able to get anything you said to them suppressed as well as the blood test.

JD 1992 :

No, he did not have the right to take your blood. If he had wanted a blood test the proper thing to do would have been to go to the judge and get a warrant to get the blood.

Customer:

by suppressed, what do you mean. thrown out?

JD 1992 :

Yes.

Customer:

that is exactly what I thought. however my attorney never even started with that. which if he had, the entire case would have been thrown out, correct?

JD 1992 :

It would be likely to be thrown out if all of the evidence was suppressed.

Customer:

thank you

JD 1992 :

You're welcome. Anything else I can assist you with?

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26757
Experience: Began practicing law in 1992
Dwayne B. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi JD. Just to fill you in a little more, I knew I never signed the
implied consent form for blood work. And never verbally authorized it.
I see the actual document and the cop actually forged my signature.
CAN YOU BELIEVE THIS?
At this point with the evidence, I should have the whole case thrown
out because of the forgery. But my attorney will not even call me
back.
It seems to me there is no justice in my town at all. Everyone is in
the take or whatever. All I know is I am innocent. But apparently in
this town I am guilty until proven innocent.
I wish I had someone that could help me.
I feel like no one hears me, nor do they care.
Anna

Expert:  Dwayne B. replied 1 year ago.
I've seen it happen before, unfortunately.

I am sorry to hear that you are feeling so low. However, the attorney will be there to fight for you later in the case. He may be wanting to save the information about the forgery for cross examination later so that it makes the policeman look worse whereas if you tip them off now about it they can prepare.

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