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DUI Charges - Laws? Experiance?

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Aden On November 28, 2014




, Canada
#1New Post! Jan 04, 2013 @ 20:02:17
I don't know if this goes here, but as far as I know we don't have a legal section.
I have a question about DUI charges if anyone has any experiance with them or someone else getting dealing with them.

Let's say it's as first offence DUI. Two vehicle collision where only the person who is looking at the DUI is hurt - transported to hospital via ambulance. Blood is drawn. Not sure of the exact amount, but let's say it's about twice the legal limit.

Fast forward two months and someone gets a call that charges are being laid.
Don't they have to charge right away?
Is the blood admissable? 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?

Nothing was said to the cops, no statements made. Nothing is remembered from awhile before the accident to about two days after (major surgery was required - Fentanyl and shock do wonders to memory, I suppose).
Is this a lost cause if someone were to fight it?
Drgnfly83 On September 02, 2014




, Virginia
#2New Post! Jan 04, 2013 @ 20:33:29
@Aden Said

I don't know if this goes here, but as far as I know we don't have a legal section.
I have a question about DUI charges if anyone has any experiance with them or someone else getting dealing with them.

Let's say it's as first offence DUI. Two vehicle collision where only the person who is looking at the DUI is hurt - transported to hospital via ambulance. Blood is drawn. Not sure of the exact amount, but let's say it's about twice the legal limit.

Fast forward two months and someone gets a call that charges are being laid.
Don't they have to charge right away?
Is the blood admissable? 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?

Nothing was said to the cops, no statements made. Nothing is remembered from awhile before the accident to about two days after (major surgery was required - Fentanyl and shock do wonders to memory, I suppose).
Is this a lost cause if someone were to fight it?


What charges are being brought up? I guess it sort of depends on the charges. And actually, you can go years without charging and then, one day have some sort of medical issue surface and can then bring charges up on someone, as long as there is a report (police report) stating what happened and evidence that this injury or whatever happened due to the incident.

So, curious, what are the charges being brought against this person?

Is it a DUI charge?
Drgnfly83 On September 02, 2014




, Virginia
#3New Post! Jan 04, 2013 @ 20:39:47
Also, how long after the accident was the person's blood drawn?


I am reading on different sites that the DA has 12 months to charge w/ a DUI misdemeanor
Drgnfly83 On September 02, 2014




, Virginia
#4New Post! Jan 04, 2013 @ 20:41:16
If this is a misdemeanor case, the state has one year to charge someone. If the case is a felony the state has 7 years to charge the case. (To be a felony the driver must have a suspended license (there are several issues related to this), two prior DUI within 7 years, or a child in the car.)
jonnythan On August 02, 2014
Bringer of rad mirth


Deleted



Here and there,
#5New Post! Jan 04, 2013 @ 20:47:25
@Aden Said

I don't know if this goes here, but as far as I know we don't have a legal section.
I have a question about DUI charges if anyone has any experiance with them or someone else getting dealing with them.

Let's say it's as first offence DUI. Two vehicle collision where only the person who is looking at the DUI is hurt - transported to hospital via ambulance. Blood is drawn. Not sure of the exact amount, but let's say it's about twice the legal limit.

Fast forward two months and someone gets a call that charges are being laid.
Don't they have to charge right away?
Is the blood admissable? 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?

Nothing was said to the cops, no statements made. Nothing is remembered from awhile before the accident to about two days after (major surgery was required - Fentanyl and shock do wonders to memory, I suppose).
Is this a lost cause if someone were to fight it?


The only thing dumber than seeking actual legal advice on a random internet forum is actually driving drunk in the first place.
jonnythan On August 02, 2014
Bringer of rad mirth


Deleted



Here and there,
#6New Post! Jan 04, 2013 @ 20:48:21
@Drgnfly83 Said

If this is a misdemeanor case, the state has one year to charge someone.


Which state?

I didn't know Canada even had states.
someone_else_again On May 20, 2021
Really. Not a dude.





, Washington
#7New Post! Jan 04, 2013 @ 20:51:35
This sounds like a job for DorkySuperGirl!
Aden On November 28, 2014




, Canada
#8New Post! Jan 04, 2013 @ 20:53:28
@Drgnfly83 Said

What charges are being brought up? I guess it sort of depends on the charges. And actually, you can go years without charging and then, one day have some sort of medical issue surface and can then bring charges up on someone, as long as there is a report (police report) stating what happened and evidence that this injury or whatever happened due to the incident.

So, curious, what are the charges being brought against this person?

Is it a DUI charge?


I believe it would be a first offence DUI charge. Unless they drop it down to a dangerous or careless driving.
Aden On November 28, 2014




, Canada
#9New Post! Jan 04, 2013 @ 20:54:04
@jonnythan Said

The only thing dumber than seeking actual legal advice on a random internet forum is actually driving drunk in the first place.



Please.
Obviously a lawyer is being contacted.
Aden On November 28, 2014




, Canada
#10New Post! Jan 04, 2013 @ 20:55:59
@Drgnfly83 Said

Also, how long after the accident was the person's blood drawn?


I am reading on different sites that the DA has 12 months to charge w/ a DUI misdemeanor


About two hours, roughly?
Somewhere in there. I have no idea if drugs were given on the way to the hospital but given it was an hours drive at least and several major bones were broken, I would assume.
Unless EMT's can't. I don't know.
jonnythan On August 02, 2014
Bringer of rad mirth


Deleted



Here and there,
#11New Post! Jan 04, 2013 @ 20:56:47
Is this about you or someone else?

Sure sounds like it's about you, since you never say "my friend" or anything. It's all just passive voice.

If it's you, just say it's you and stop using all this weasel language.
someone_else_again On May 20, 2021
Really. Not a dude.





, Washington
#12New Post! Jan 04, 2013 @ 20:57:19
@Aden Said

Please.
Obviously a lawyer is being contacted.



The lawyer will be able to answer those questions.
Aden On November 28, 2014




, Canada
#13New Post! Jan 04, 2013 @ 21:02:42
@someone_else_again Said

The lawyer will be able to answer those questions.



I realise that. As reason's stated above, I won't be in contact with the lawyer. I was just curious.
jonnythan On August 02, 2014
Bringer of rad mirth


Deleted



Here and there,
#14New Post! Jan 04, 2013 @ 21:16:32
Oh s***s.
someone_else_again On May 20, 2021
Really. Not a dude.





, Washington
#15New Post! Jan 04, 2013 @ 21:55:35
@Aden Said

I realise that. As reason's stated above, I won't be in contact with the lawyer. I was just curious.


I'm sorry, I didn't see those reasons. I saw:

@Aden Said

Please.
Obviously a lawyer is being contacted.
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