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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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My daughter was in a car wreck. she t a cement barrier. she

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my daughter was in a car wreck. she hit a cement barrier. she was the only one involved. She had a black eye and a broken nose and a cut that took several stitches on her face over her eye. the police gave her a field sobriety test and then sent her to the hospital by ambulance for medical help and a blood test. how can she fail a field test with a head injury and broken nose and blood running in one eye. Question : is this legal and can they demand a blood test based on the failed field test.
Submitted: 11 months ago.
Category: Legal
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

"The U.S. Supreme Court recently decided the case of Missouri v. McNeely. In McNeely, a majority of the Court rejected the idea of a “per se” exigent circumstances exception to the warrant requirement for blood tests in drunk-driving cases. That is, the Court held that police may not automatically order a blood test on someone whom they have lawfully arrested for DWI (driving while intoxicated) but must instead seek a warrant, absent a reason to skip the warrant—a reason that goes beyond the simple fact that blood-alcohol-concentration diminishes with the passage of time."

They are likely using the failed field sobriety test as probable cause for the blood test records. However, you can probably fight that by saying that there was not probable cause of the field sobriety test and it was done illegally. Therefore, all evidence resulting from the unlawful actions are "fruit of the poisonous tree."

If your daughter is being charged with DUI, I strongly urge you to contact a local attorney to assist you with the case.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As a tenant, you are well within your rights to claim constructive eviction and break the lease.

A constructive eviction is when situations have occurred (due to no fault of the tenant) that make the property uninhabitable and the landlord refuses to address them.

Make sure to provide your landlord with the appropriate written notice and opportunity to cure the defects within a specified period of time (typically a reasonable amount of time is approximately 2 weeks). If he/she does not take action, then you can claim constructive eviction.

The following link provides more information regarding constructive eviction: http://napafairhousing.org/landlordtenantstatutes_assets/Utility%20Shutoff%20By%20Llrd%20CCC%20789.3.pdf

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

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