Question for a friend?

I have a buddy that got stopepd for running a red light when he went to make a right turn and the officer gave him a citation for DUI after smelling alcohol on his breath. Well long story short they took him in to do a test at station because the test on scene was inconclusive well he was severly dehydrated and passed out and had to be took to emergency room and they did a blood test. His question to me which i dont know was why would they give him a citation instead of charing him and taking his license on spot his license is still active and why would after the first blood test the doctor want to take a second blood test that she said was needed according to the nurse. He was allowed to leave hospital they didnt detain him or nothing. He has had a DWI before but it was almsot nine years ago. Just trying to get him some information.he ssaid they also have his birthdate on his citation wrong and that they got it checked that he has a alcohol restriction on his licence which he doesnt that restriction ended in 2015. I told him he was stupid and reckless for doing it but that i would try to find some information out for him.

4 Answers

  • 3 weeks ago

    Giving a citation IS charging him.

    The clerical errors are not legal defenses.

  • 3 weeks ago

    It seems to me that the "elephant in the room" here is what was the result of the test at the station? I have, however, heard of tests for alcohol on location that were inconclusive.

    • They wasn’t able to test at the station the one at station and on scene came back as inconclusive according to the note at the bottom of his report.I had one back in 2011 and everything they are doing is totally different then what they did for mine

  • 3 weeks ago

    Friend you're not telling me if the test indicated that he was driving while under the influence or not. If he was ticketed for driving under the influence. And when they took the blood sample they found that he was under the influence then he's going to face DUI in court again. But if the blood test shows that he did not have sufficient blood alcohol content they will dismiss it in court.

    • STEVEN F
      Lv 7
      3 weeks agoReport

      If he claims the blood work will take more than a week, he is WRONG. If it takes more than a DAY, the hospital lab is swamped.

  • Bruce
    Lv 7
    3 weeks ago

    There is no such thing as an "inconclusive" test on scene, so you got some bad information there. As far as everything else you mentioned, it is all irrelevant. Being released or an error on a citation will not effect his charges.

    Not sure if that is the information you needed, as you didn't ask a question.

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