Need help in DUI case

My husband was arrested for DUI. He has a CDL. He was parked in a truckstop and he was in the bunk doing paperwork when they arrested him. They took him to the hospital and took blood for a drug test. We have received the bill for that. My question is if we pay that bill, can they still use the results as evidence against him? We are also getting the run around about obtaining a copy of the police report. Can anyone help us, with some advice on what to do?

You need a copy of Adventures in Legal Land, by Marc Stevens.

This book will prepare your husband to ask the questions that will ultimately get this case thrown out (probably), due to the frustration of the judge.

I make no promises, and disclaim with the "probably". You are in charge of your own destiny.

Henry Franklin

I offer no advice, but if it were me, I would return (via a third party friend or process server) that bill to the hospital [or whoever sent it to you], marked in red ink REFUSAL FOR CAUSE, in Registered Mail. Keep a copy for your records, and to attach to the affidavit that your third party process server will sign stating that they placed the "presentment" marked with red ink REFUSAL FOR CAUSE in the envelope, under Registered Mail # XXXXXXXXXXX, and sealed it securely before causing the same to be mailed to [address, etc].

Go get 'em.

[Judge Roy Bean]

FYI - and again, this isn't legal advice, but IMHO paying the medical bill isn't material to the evidence being used for or against him.

I know there will be plenty of supposed "experts" hammering away at me for recommending this, but if your living comes from his being able to drive, please consider talking to an attorney who specializes in DUI cases and make sure you don't post ANYTHING about your case ANYWHERE on the Internet.

Trust me, the insurance companies would just love to be able to find him through things you post.

Oh yeah, IMHO, if you get an attorney, or pay the bill, you are screwed.

Did you ask for the blood test? If not, why then would you pay it?

Henry Franklin

[hAKEEM]

Ok he has a CDL a commericial Liscense now was this his personal or commerical(work) truck was he doing business like transporting passengers or items goods. Now with a CDL you are subject to a bunch of crap the cops can do anything b/c of his driving status. Now if he was in his work truck park doing paper work then he was not driving)transporting passengers or goods) but he was on duty. Now was any other alchol found if not worse case you can fight and say yes I was drinkiing and that why I was park doing my paper work then about to go to sleep. They have to proof he was driving or operating a commerical vehical under the influence. Go to court prepare your-self to ask the cop questions. Like what knowledge do he have do he understand commerical and private or the use of the roads he might not then you can ask the judge to excuse the officer.. go to ask the cop question forum. I just hope he was off duty and not in a work truck

[weishaupt1776]

This is a serious case. i would definitely get the Marc Stevens Book.

Download his radio interviews onadventuresinlegalland.com

[scottinalaska]

Butterfly,

You will likely lose in court if you try and argue any elements of this supposed crime. They have decided to come down on you for whatever reason and will.

You MUST get rid of the witness who will testify against you. Once he is gone, the case cannot continue. Likely it will only be the cop representing the State. In other words, the State is the injured party because your husband was kicking back with a beer in the parked truck. Sure, we know that no rights were violated, no property damaged, no individual is crying the blues for some ouchie from your husband. But the cop will still stand there(without "standing" btw!) and still represent the State.

In order for you to get rid of the witness, you need to get the judge to declare him(her) imcompetent to testify or not be allowed to be cross-examined fully. You may lose, but your appeal will stand if you were denied cross examination. What HB and Weis have referred to with Marc Stevens is a method to "impeach" the witness's testimony through a line of very nicely crafted questions.

It will be the best 20 bucks you spend for a long time. Your husband's first appearance will be his arraignment. Judge says, "here are the charges, how do you plead?" All he/she wants is you to say, "Guilty or Notguilty or noContest(same as guilty)" It is important that you tell the judge that you would be happy to plead guilty, but you do not understand the nature and cause of the charges and proceedings against you...and you have a few questions. This is the start of a whole new approach in the court room!
You cannot lose this case and lose your livlihood. Get the book, ask questions, roleplay, study.
or Get a lawyer, pay the money, sit back, pray. And he'll likely say, "Hey, I got you a good deal - just plead guilty to a lesser charge, go to counseling...and they'll let you keep driving...." maybe.
An attorney's first loyalty is to the system, and then to the client. Sorry, you are second in line.
scottinalaska

They gave him a DUI but it was not for alcohol.
Also I'm trying to get a copy of the police report from the Sherriffs office who arrested him and they tell me that I have to contact the County Attorneys office to request that.

[shakydude]

try adventuresinlegalland.com