Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
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.
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.
q 2) How can they say I am intoxicated on meds that I have therapeutic levels per the tox report.
not to mention I have taken the same meds for almost 3 years. I know how they effect me.
it was a medical emergency and that's all. but the idiot cop knew nothing about diabetes or hypoglycemia
he heard narcotics and that was that
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
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.
2) How can they say I am intoxicated on meds that I have therapeutic levels per the tox report.
Taking medicines as prescribed doesn't mean that you can't still be"intoxicated" under the law and illegal to drive.
this happened in April 5 2011
The Supreme Court case will apply to all warrantless blood draws.
The case that was decided happened pre-2010.
so does that mean he did not have the right to take my blood.
If the case is still pending you should be able to get anything you said to them suppressed as well as the blood test.
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.
by suppressed, what do you mean. thrown out?
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?
It would be likely to be thrown out if all of the evidence was suppressed.
You're welcome. Anything else I can assist you with?
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.
Hi JD. Just to fill you in a little more, I knew I never signed theimplied 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 thrownout because of the forgery. But my attorney will not even call meback.It seems to me there is no justice in my town at all. Everyone is inthe take or whatever. All I know is I am innocent. But apparently inthis 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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).