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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118658
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was pulled over the way to the hospital I had severe ...

Customer Question

I was pulled over on the way to the hospital in Carrollton TX,Dallas CO On 03-03 08. I had severe stomach cramps. I was given a field sobierity test then was taken to the hospital for my pain. The officer asked for a blood sample and I refused. This was in March 08 now they want to arrest me for DWI with no arrest record time of day, height or weight only my name and DL# XXXXX XXXXX fair? I was never handcuffed fingerprinted or processed I only had to go and get my truck from the impound.I paid an attorney $1500 dollars for this case to go to an ARL hearing which is 07-03-08. The legal assissant called me today and said the county of Dallas had decided to prosecute the case even without an arrest warrent or any signed data from paperwork from the night of the infraction. I do not understand why after all these months later this is the situation I am in.I have nothing on my MVR and beleive I am not being treated fairly, If blood was taken from me after I refusued then this case never go.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 years ago.
This case can be fought on the lack of evidence and improper procedure. The court should dismiss any charges without evidence of when the incident occurred and without any documentation of the incident. If blood was taken from you without your consent, then any evidence they gained from it should be thrown out. It seems that there are many problems with this case that a prosecutor will have a hard time overcoming and any decent attorney should be able to argue enough to get the case dismissed. There is no record of any probable cause for them to test you. You have medical records showing your illness. All of these things wil assist you in defending your case.

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