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JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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I was in an accident on Jan8 2010. Apparently once I hit the

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I was in an accident on Jan8 2010. Apparently once I hit the 18 wheeler I was unconcious because all I remember is wakin up in the hospital 6 hours later and being released the next day I found a statutory warning for refusal of breath / blood and a notice of license suspension in my purse. It had an arrest date but I was never arrested and one sheet said it was given to me on 1/10/10. Which was 2days later. Now I'm receiving letters from state of Texas of suspension and how to request a hearing. How should I handle this case? Please help! I will greatly appreciate any advise you can give me on this case.
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.

You need a lawyer. I find it ridiculous that someone injured as badly as you were injured has been charged with refusing to provide a blood sample upon demand by law enforcement. While you are deemed to have consented to having a blood or breath test if you are arrested for DUI in Texas (and most every other state), if you were not arrested and charged with DUI and you were not conscious during the investigation it would be impossible for you to refuse a sample.


At this point you should act as if you were being prosecuted for a crime... because you are. You need to remain silent about the events and immediately seek out the representation of a local criminal attorney. Your attorney will thoroughly evaluate the state's case against you, interview any witnesses, obtain your medical records, inspect any video or audio recordings made at the scene, and research any applicable laws. Once his/her investigation is completed he/she will be in a good position to give you advice on how to proceed. Obviously the clock is ticking and you should not delay.


Please reply if I can help further.



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