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  • JLee
    replied
    I would go for it. "Impairment to any degree" will suffice for a charge. Whether the judge throws it out is not up to me.

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  • hooknbook
    replied
    The seizures will be a legitimate defense, even for a DWAI charge...especially since no officer can say they actually saw the guy driving. All the officer can say is he found the guy waling around his crashed car when he got there. The suspect says he had a seziure...prove beyond a RD that he didn't!

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  • Blue Breed
    replied
    For me thats a tough question. Yea he has been drinking but as you stated it was below the limit. I know you can cite for DUI under .08. The only reason why its a tough one for me is the seizures. If he had one at that moment thats the reason for the accident. If he didnt have the seizure he probably would have made it home fine. On the other hand you could say the same thing about the alcohol maybe that was the reason of the accident. Since he was the only one involved I probably would not cite unless my Sgt told me I had to. I might think differently if I was actually there and saw him and the car.

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  • hooknbook
    replied
    Well, if you do cite him, the DUI gets thrown out b/c you have a low BAC, a bartender that confirms 3 drinks in four hours (very minimal), no observations on driving, no FST's, no witnesses etc...not to mention the history of seizures.

    Any marginal defense attorney will rip that case apart.

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  • HotSoup
    replied
    In Arizona even though he was under .08 he could still be charged with DUI impared to the slightest degree...he can also be charged with DUI drugs/alcohol...I wouldnt cite him right then .... I'd wait...if the Hospital took blood we can retain a sample for LE purposes...so I'd write the report, send it to the prosecutors office with the lab results and they can make a decision at that time.

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  • DACP
    started a topic would you cite

    would you cite

    Would you cite for DUI, or at least put alcohol as a contributing factor? would you put medical reason as cause or factor? cite for OUI?

    It is around 0230, roads are dry, and weather is partly cloudy with full moon, temperature is around 50. Vehicle is exiting a parking lot and headed South down a drive way to the main street, about 1/16 mile long, it has a slight slope but no more than 4 degrees (estimate) speed limit is 15mph for the parking lot and “road” the “road” is well lit and there are no other vehicles on it. Vehicle exits the road, crosses a field (about 100 feet) and strikes a tree; driver is able to get out of vehicle and is walking around after accident waiting for the police. He seems fine at the time minor cuts to face, hands, and arms, no other visible injuries does not have major blood loss, but there is some bleeding from the injuries. upon arrival of police driver states he was going about 30-35 mph at the time of collision, and had just left the bar, drank 3 jack and cokes over the course of 4 hours (bartender confirms that is all she served him) upon arrival of EMS, subject is treated as EMS is treating subject passes out and is rushed to hospital, subsequently it is determined that subject has major head injury and is life flighted to another hospital for advanced treatment he is unable to talk as he is in a coma, possibly the kind you never wake from. His wife during a later interview states that subject has a history of seizures, is on medicine for that and some other for bipolar and anxiety. BAC from first hospital is .075 blood was taken for DUI (state test) just before he was taken to other hospital, but about 35 minutes from first test, results were .079.
    Instigation of the scene confirms that minimum speed was 33MPH at time of impact; further tests revealed all medicines subject’s wife stated he was on were in system at time of accident consistent with normal prescribed usage, it is not know if subject had a seizure then crashed, crashed then had seizure, or if it was caused by the alcohol, medication, or head injury. Medical opinions vary as to what led to what, so would you charge?
    This is a case I worked on a while back and was wondering what you all would do, I’ll post what I did later but I just wanted something different then will this hurt me, do I have to take the lights off my used CV blah blah blah crap.

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