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DUI Charges - Laws? Experiance?

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DorkySupergirl On November 02, 2017




, Canada
#31New Post! Jan 05, 2013 @ 05:18:58
@Aden Said

Okay. I get where you're coming from. I'm not mad about getting an answer.
However, I really hate when people assume or make judgements about what I am doing, when they have no idea. You called bulls*** allgeations on me, and I can't stand that. That's what I'm upset about.
I've probably been through more s*** then you can imagine. I've seen dead bodies. f***ing rights it isn't pretty. and I'm not condoning this in any sense. But don't assume you know how I'm feeling or what I'm doing when you don't or compare me to those people you see up there again and again. We aren't talking about any of them.



You never once expressed that she was innocent and you think or have proof that her blood sample was contaminated or offer up any proof or evidence of her innocence. You actually indicated her guilty and your knowledge of her guilt with your comment of

"I'm not the type of person to disregard someone because they f***ed up. "

This is indicating she f***ed up by driving drunk and you know she did in fact do this so she is not innocent by even your own words. So this thread is not about anyone innocent of what they are being charged with and speaking to a lawyer about proving innocence, its about finding loopholes and excuses to try to get her to beat these charges or have them lessened.

So if you know she is guilty of this offense and even stated she f***ed up and are not talking about her innocence and being wrongly accused, what other conclusion can I draw, with my experience in these situations, from your comments about wanting to know if a blood sample is admissible if she was unconscious when they took it or if her being on a medication and having memory loss can help her defense. That is quite clearly knowing someone is guilty and seeking to assist them in beating the system with loop holes.

Its coming across as she did it but please help me find a way to get her off or lower sentence and I found all these reasons as to how she might be able to do it.

I know she is your friend but she drove drunk and could have killed someone, some little kid crossing the street. Instead of looking for ways for her to beat this, get her help. Talk to her. Make her go to rehab, programs for drunk drivers, have her go to a morgue and see the result of her actions that she will cause one day if she keeps doing this. Make her go to MADD meetings and talk to moms who lost their innocent babies. This is the best help you can give her.
Most drunk drivers are repeat offenders and do not stop. Do you want to help her beat this or try to prevent her from killing herself or even worse, some innocent kid crossing the street. Get her help.
boobear On August 15, 2016




London, United Kingdom
#32New Post! Jan 05, 2013 @ 08:16:02
@DorkySupergirl Said

You never once expressed that she was innocent and you think or have proof that her blood sample was contaminated or offer up any proof or evidence of her innocence. You actually indicated her guilty and your knowledge of her guilt with your comment of

"I'm not the type of person to disregard someone because they f***ed up. "

This is indicating she f***ed up by driving drunk and you know she did in fact do this so she is not innocent by even your own words. So this thread is not about anyone innocent of what they are being charged with and speaking to a lawyer about proving innocence, its about finding loopholes and excuses to try to get her to beat these charges or have them lessened.

So if you know she is guilty of this offense and even stated she f***ed up and are not talking about her innocence and being wrongly accused, what other conclusion can I draw, with my experience in these situations, from your comments about wanting to know if a blood sample is admissible if she was unconscious when they took it or if her being on a medication and having memory loss can help her defense. That is quite clearly knowing someone is guilty and seeking to assist them in beating the system with loop holes.

Its coming across as she did it but please help me find a way to get her off or lower sentence and I found all these reasons as to how she might be able to do it.

I know she is your friend but she drove drunk and could have killed someone, some little kid crossing the street. Instead of looking for ways for her to beat this, get her help. Talk to her. Make her go to rehab, programs for drunk drivers, have her go to a morgue and see the result of her actions that she will cause one day if she keeps doing this. Make her go to MADD meetings and talk to moms who lost their innocent babies. This is the best help you can give her.
Most drunk drivers are repeat offenders and do not stop. Do you want to help her beat this or try to prevent her from killing herself or even worse, some innocent kid crossing the street. Get her help.

Oops I meant to give you an agree kudo but gave you something else doh!
DorkySupergirl On November 02, 2017




, Canada
#33New Post! Jan 05, 2013 @ 16:17:45
@boobear Said

Oops I meant to give you an agree kudo but gave you something else doh!



No worries, I do it all the time. I think the kudo feature has a mind of its own half the time.
Reviso On November 23, 2014

Banned



Trenton, Canada
#34New Post! Jan 05, 2013 @ 16:22:09
I have zero kudoes. Mostly it is because the last comment really was for the Ojibway tribe of Native Canadians. I should.
rosexthorn On July 30, 2022




Winnipeg, Canada
#35New Post! Jan 05, 2013 @ 16:28:08
@Aden Said

They probably should. I don't imagine it will be long before the first offence is a year in prison.



I don't know where in Canada you're from. They have a free legal aid system line here where we can call and they connect us to an attorney that deals with specific law issues that are for your province. If you have that, why don't you call and talk to a lawyer yourself.

Talking to a lawyer about a charge is totally different than getting info from a forum. The lawyers are professional and keep their emotions out of the consultation and will give you straight up information about your 'specific' case. Then, go from there.. Give it a try...
chaski On March 28, 2024
Stalker





Tree at Floydgirrl's Window,
#36New Post! Jan 05, 2013 @ 17:14:55
@Aden Said

Don't they have to charge right away?


[I did not read all the other answers, so forgive me if I am repeating someone else's thoughts.]

No. Most crimes have a "statute of limitations". That is, the charges must be made prior to a certain period. With most crimes this period is 2 to 5 years... murder typically having no limitation.

@Aden Said

Is the blood admissable?


If it was obtained in accordance with appropriate laws and evidence custody procedures.

Yes.


@Aden Said

Let's say she wasn't coherent to give consent to pull blood, and no officers were present when it was pulled, is it still admissable?


If you were at an emergency room, drawing blood is typically a standard procedure. The police later obtaining samples of this blood is a standard investigative procedure. The evidence is most likely admissible.

@Aden Said

Is this a lost cause if someone were to fight it?


Your loss of memory and/or you not making any statements is irrelevant.

The person involved needs to get a lawyer.
DorkySupergirl On November 02, 2017




, Canada
#37New Post! Jan 05, 2013 @ 20:28:45
@chaski Said

[I did not read all the other answers, so forgive me if I am repeating someone else's thoughts.]

No. Most crimes have a "statute of limitations". That is, the charges must be made prior to a certain period. With most crimes this period is 2 to 5 years... murder typically having no limitation.



If it was obtained in accordance with appropriate laws and evidence custody procedures.

Yes.




If you were at an emergency room, drawing blood is typically a standard procedure. The police later obtaining samples of this blood is a standard investigative procedure. The evidence is most likely admissible.



Your loss of memory and/or you not making any statements is irrelevant.

The person involved needs to get a lawyer.



I know for a fact that in Canada, if the person is unable to give a breath sample ie due to injuries suffered in a car crash, the police will and have a right to request that a doctor takes a blood sample when they arrive at hospital.

I also know for a fact in Canada, its a criminal offense to fail to comply with the police request for breath or blood sample and in fact, if you refuse to comply, it can be a fine and/or additional charges brought against you in addition to the DUI. I am going off the top of my head but could look it up, I think failure to comply is additional 1,000$ fine and additional possibility of 30 days in jail added. So I am really not sure how its thought that her being unconscious has anything to do with it. Its routine procedure for police to demand a blood sample if the person is not able to give a breath test. Unless there is something fishy going on, this is common and this is exactly what happens.

I also know that the OP said she blew over the legal limit and he said about double the legal limit. So this could refer to .08%, .05% depending on the province and some provinces have it set up so that its 0% tolerance for people like those who live in provinces where they have the graduated license program or are novice drivers like if you are under 21 or 22, its a 0% tolerance but if you are over that age, then its the regular provincial law of their either .08% or .05% so it could be her legal limit was 0% so any alcohol is a DUI charge due to her age or graduated license program if that applies to her in the province she lives in.
rosexthorn On July 30, 2022




Winnipeg, Canada
#38New Post! Jan 05, 2013 @ 21:16:47
@chaski Said

[I did not read all the other answers, so forgive me if I am repeating someone else's thoughts.]

No. Most crimes have a "statute of limitations". That is, the charges must be made prior to a certain period. With most crimes this period is 2 to 5 years... murder typically having no limitation.



If it was obtained in accordance with appropriate laws and evidence custody procedures.

Yes.




If you were at an emergency room, drawing blood is typically a standard procedure. The police later obtaining samples of this blood is a standard investigative procedure. The evidence is most likely admissible.



Your loss of memory and/or you not making any statements is irrelevant.

The person involved needs to get a lawyer.



What's bolded out is exactly what I've been trying to say all along. Talk to a lawyer.. Kudos!
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