How long do police have to file charges?

[BreakingBad]

well she is talking to her attorney, but her medical documentation that night is wayy off...they said she was a 25 year old female that needed to be resuscitated, meanwhile she was wheelchaired into the OR wide awake, and she's 20.

i told her to tell her attorney to work for his money and get em on incomplete/incorrect medical documentation as the prosecuting attorney would be going by a blood test as they didnt do a breathalizer...

 

[duece212 5,000+ posts]

well she is talking to her attorney, but her medical documentation that night is wayy off...they said she was a 25 year old female that needed to be resuscitated, meanwhile she was wheelchaired into the OR wide awake, and she's 20.
i told her to tell her attorney to work for his money and get em on incomplete/incorrect medical documentation as the prosecuting attorney would be going by a blood test as they didnt do a breathalizer...

Get a retest of the blood first thing if your serious about fighting it (if it shows any alcohol, being underage your boned though so that probably won't help). I highly doubt their incorrect information will get anything dropped. If they can prove its her blood, from the time in question thats all the proof they need. Thats what you would need to fight, or get a lawyer with a good name to plead to some low level sentencing.

 

[tRidiot 10+ year member]

What was your drunk dumbass friend doing standing in the middle of the street?

Yes, if the driver was drunk, he'll likely be found to be partially liable, but your friend also shoulders a large portion of the blame if she was drunk and behaving stupidly, too.

The world's full of them.

 

[tRidiot 10+ year member]

Get a retest of the blood first thing if your serious about fighting it (if it shows any alcohol, being underage your boned though so that probably won't help). I highly doubt their incorrect information will get anything dropped. If they can prove its her blood, from the time in question thats all the proof they need. Thats what you would need to fight, or get a lawyer with a good name to plead to some low level sentencing.

I'm gonna hazard a guess they don't have the blood anymore. Unless they police tested it (ala a DUI/DWI pull), then it's gone. The hospital certainly doesn't keep a sample of it.

The medical errors in documentation may lead to the BAC results being tossed, but I think that's a bit of a longshot. How much is your friend suing the driver for, just out of curiosity?

 

[tRidiot 10+ year member]

And so you know, the reason they're just now filing charges probably has to do with pressure from the attorney of the driver... he's trying to reduce the potential criminality or liability of his client's misdeeds by pressing the issue as to why they didn't press charges against her in the first place. If he can get her charged and convicted (or she pleads down), then it makes it look less like his client's fault.

The cops tried to cut her a break by not charging her to begin with, but the driver's attorney ain't gonna let 'em get away with 'selective prosecution' if he can help it. Makes for nasty news if he takes it to the paper.

 

[duece212 5,000+ posts]

I'm gonna hazard a guess they don't have the blood anymore. Unless they police tested it (ala a DUI/DWI pull), then it's gone. The hospital certainly doesn't keep a sample of it.
The medical errors in documentation may lead to the BAC results being tossed, but I think that's a bit of a longshot. How much is your friend suing the driver for, just out of curiosity?

If the cops thought about charging her back then they for sure have the blood, if they didn't they may have fukd up and not kept it. In my case they had a sample of my breath a year later, bastards. They knew upfront they'd be charging me though.

 

[bonesninja 5,000+ posts]

If the cops thought about charging her back then they for sure have the blood, if they didn't they may have fukd up and not kept it. In my case they had a sample of my breath a year later, bastards. They knew upfront they'd be charging me though.

lmao....kinda like a fart in a bottle?

 

[duece212 5,000+ posts]

lmao....kinda like a fart in a bottle?

Oh I'm sure my breath stunk like booze and potluck food, I'm guessing as it aged the flavor didn't get any better //content.invisioncic.com/y282845/emoticons/laugh.gif.48439b2acf2cfca21620f01e7f77d1e4.gif

When I found out that they keep a sample of the breath from the breathalyzer for evidence and retests it suprised the shit outta me.

 

[Ken448 10+ year member]

if convicted, it isnt gonna do much for HER case against the driver..

 

[duece212 5,000+ posts]

What are you talking about? They were both drunk and HE was driving!

If its a civil case I'm guessing it might make a difference in the amount awarded due to partial negligence.

Drunk chicks shouldn't stand in the middle of the road.

 

[duece212 5,000+ posts]

They should if they are hawt and nekkid. //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

but ugly nekkidness should still be a crime...

 

[slick rick 10+ year member]

If its a civil case I'm guessing it might make a difference in the amount awarded due to partial negligence.
Drunk chicks shouldn't stand in the middle of the road.

depends if the state uses comparative negligence.