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I have a DUI case coming up. When I was arrested the police…

Customer Question
I have a DUI...

I have a DUI case coming up. When I was arrested the police officer took my phone and thus I could not see the time of arrest neither could I contact any other person. The difficulty now is when I check the form I signed when my car was towed reveals that it was towed at 02h18 in the same breadth the detention form says I was detained at 01h45. This means I signed the towing form while I was already in detention. What is my legal recourse?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

South Africa and this happened on 12 August 2017

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet my first appearance in court will be 12 October 2017 and I am not as yet know the extent of liquor in my blood.

Submitted: 8 months ago.Category: South Africa Law
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Customer reply replied 8 months ago
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Answered in 21 minutes by:
9/8/2017
Lawyer: Freddie Lombard, Attorney replied 8 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,793
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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Lawyer: Freddie Lombard, Attorney replied 8 months ago

There could very easily have been a mistake on the form you signed when you had the car towed.

It could easily have been 01:18, and not 02:18.

When you say "what is my legal recourse", what do you mean? Recourse against who?

If you were not under the influence, you can obviously defend the matter and the prosecutor will have to prove, beyond a reasonable doubt, that you were not under the influence of alcohol, or the alternative charge that your blood alcohol level was not over the limit.

There are a number of things that they need to prove, amongst them that your blood was taken within 2 hours of the incident. I assume that this is where you are going with the question. But, the sigining of the towing firm's form will not really prove or disprove anything. The person who took a blood sample would have certainly made a note of the exact time when the blood was drawn, and that time is the crucial time.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 8 months ago
To be precise according to the towing form I signed at 2h12 and according to the detention form I signed it at 01h38, this would be before they took me to the hospital which about 20km from the scene. If it was a genuine mistake how can we explain going to the hospital which is about 20km from the scene and to the detention centre within 30minutes to be exact. Above all why confiscate my cell phone and normally I do not use the road which is claimed I was using. Can I have access to the contents of the docket before the trail day.
Lawyer: Freddie Lombard, Attorney replied 8 months ago

I am not sure I follow your time line, but that is OK.

It is certainly not regular for the police to confiscate your phone. They have no right to do that. They can only take your phone once you are booked and taken into a holding cell, where you are not allowed to have a phone.

I am not sue what you mean with the statement "I do not use the road which is claimed I was using". Did you drive on that road or not? Can you not remember that you were driving there? If you cannot remember, then your entire recollection of what happened, when your phone was taken etc will be in doubt.

Yes, you are certainly entitled to a copy of the docket before the trial - but you must ask for this in writing.

Your best option is to get the services of an attorney in your area who deals with DUI cases regularly to assist you. These cases can be quite technical, and any mistakes or wrong procedures followed by the police can lead to a finding of not-guilty.

Please remember to rate positively.

Regards

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Lawyer: Freddie Lombard, Attorney replied 8 months ago

Good afternoon,

This is just a quick note to follow up. Did you find my answerhelpful? Is there anything else I can assist you with before you rate theservice? Please note that I do not get paid if you do not rate.

Regards

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