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My rights were violated through a dui traffic stop I

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My rights were violated...

My rights were violated through a dui traffic stop I incurred the officer never got a warrant to take my blood although I told him I was against it I think it’s called the birch field ruling

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

Pa

Lawyer's Assistant: Has anything been filed or reported?

Yes I had a trial

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The blood work was thrown out but they still found me guilty

Submitted: 1 month ago.Category: Legal
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Answered in 5 minutes by:
3/14/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,280
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the blood results were suppressed, then the appropriate remedy was provided for them improperly taking the blood. In the case of Birchfield v. North Dakota, the US Supreme Court held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but that it does NOT permit warrantless blood tests. Consequently, a driver can not be subject to enhanced criminal penalties for refusing to submit to a warrantless blood test. So, where they took a warrantless blood test the blood test has to be suppressed.

Now, if you were found guilty without the blood test results, based on testimony of your driving and conduct, the conviction can still be valid.

However, if they forcibly took blood from you, then that could lead to a civil suit for civil rights violation for medical battery for them forcibly taking your blood without a warrant.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Satisfied Customers: 123,280
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