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Posted: Thu Aug 23, 2007 12:44 am
by bad04srt
they should not be able to use that test against you in court because it was illegally obtained.....without it they have no case, so i wouldnt be too worried.....just concentrate on your recovery man

Posted: Thu Aug 23, 2007 8:53 am
by -Devil-
they take a blood sample from any accident where they have reason to suspect alch may be involved ... there isn't any kind of written statement you have to agree to or anything ... they just have to get it within a certain amount of time after the accident ... normally the EMT's pull it for them .. or at the emergency room one of the nurses will pull it for them ....

as for it being 'illegal' or not ... good luck getting that to stand up ... the blood sample is part of your statement ... only a rare judge will throw that kind of evidence out ... most of them will focus more on an underage kid, who was under the influence, that had an accident that could have potendially injured a lot of other kids

Posted: Thu Aug 23, 2007 5:07 pm
by KrackstaR
-Devil- wrote:they take a blood sample from any accident where they have reason to suspect alch may be involved ... there isn't any kind of written statement you have to agree to or anything ... they just have to get it within a certain amount of time after the accident ... normally the EMT's pull it for them .. or at the emergency room one of the nurses will pull it for them ....

as for it being 'illegal' or not ... good luck getting that to stand up ... the blood sample is part of your statement ... only a rare judge will throw that kind of evidence out ... most of them will focus more on an underage kid, who was under the influence, that had an accident that could have potendially injured a lot of other kids
if thats the case why does a cop have to ask you to take a test and if you refuse then they can take you in to the station. I guess it makes since cause most accidents that are caused by a drunck driver they already have the info on the driver's alch blood levels, but i would figure they would atleast inform you what they were doing prior.

Posted: Thu Aug 23, 2007 6:39 pm
by -Devil-
the majority of the time it is done .... is on a corpse ... kinda hard to ask permission there ...

there is a timeframe the sample has to be taken ... if it is past a certain amount of time from the accident then it isn't as accurate and then can be thrown out of court if it is used ... i would have to ask some friends again for the exact wording on the law around it ... but it is part of their 'evidence' gathering and report writing ... if the person is able to be asked, they are ... and can refuse ... but that is the same as admitting guilt .. (like refusing to take the roadside drunk test) and then they can carry you in, and book you ... if they are not able to be asked .. then it is taken .. (same thing with them taking fingerprints from someone who is unconcious, or in a coma ... etc .etc ... )

to a judge it would look even worse, if you refused to have it done .. then if you did it ...

Posted: Thu Aug 23, 2007 6:44 pm
by 03blackrt
If there were kids on the school bus, the local community is gonna string you up... :tardbang:

Posted: Thu Aug 23, 2007 8:37 pm
by jrumann59
They usually take a toxicology screen so they can treat you and so that don't give you something that would react to something that is possibly in your system. If your BAC was above legal limits good luck.

Posted: Fri Aug 24, 2007 12:29 am
by heyitsstock
mmm is it me or even posting that you had a drink before the accident... is bad news.... i mean yea im underage but i dont care if i write im drunk on here...... but after having the accident.. i would never confess on here that i had a taste of alcohol..... you never know when it comes back to haunt you



plus dont take it out on alcohol lol just dont drink and drive.... its no good

Posted: Sat Aug 25, 2007 2:13 pm
by TNK
this is why you dont drink and drive. :tardbang:

Posted: Sat Aug 25, 2007 3:35 pm
by racer12306
Yeah, if there were kids on that bus and they convict you of a DUI, you are ROYALLY FUCKED. I'm sure there is other stuff they will tack on.

I don't care what anyone thinks of me, you are really stupid. Your underage and out at a bar, and then driving home. You do realize that it takes hours for alcohol to leave your system. Hanging out for an hour doesn't help. Drinking red bull helps as much as coffee, it doesn't do anything. The fact that you hit a school bus, I hope you get charged. Could you imagine being a parent and then hearing your childs school bus got hit by a drunk driver. I have no respect for people that are that stupid.

Posted: Sat Aug 25, 2007 3:47 pm
by TNK
^gonna hafta agree.