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statutory warning


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#1 traful

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Posted 17 April 2012 - 01:30 PM

If the officer who arrested me for DWI did not know what he was doing,what can I do if he did not ask me to sign anything before he made me blow in the machine four times?Then he gave me the original copy that he was to turn in to his supervisor and the box that says FOR DEPARTMENT USE ONLY was left blank also.So he had to make another copy and forge my name to turn in to the office

#2 GuessAgain

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Posted 17 April 2012 - 01:37 PM

traful said...

what can I do if he did not ask me to sign anything before he made me blow in the machine four times?
You didn't identify a state but what makes you think you have to sign anything?
traful said...

Then he gave me the original copy that he was to turn in to his supervisor and the box that says FOR DEPARTMENT USE ONLY was left blank also.So he had to make another copy and forge my name to turn in to the office
Police reports aren't evidence.  What is your point?


#3 traful

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Posted 17 April 2012 - 02:31 PM

I live in texarkana texas,and I was stop by the THP and was charge for DWI.Doing the process the officer took my driving license information and gave me two sheets of paper.Both sheets has on the bottom DPS Copy-White,Driver's Copy-Yellow,and a box that has FOR DEPARTMENT USE ONLY in it.One sheet is a NOTICE OF SUSPENSION TEMPORARY DRIVING PERMIT the other is a STATUTORY WARNING.The driving permit has another officer's name wrote in the box and I was given the yellow copy.The statutory warning state's, I certify that I have informed you both orally and in writing of the consequence of refusing to submit to the taking of a specimen or providing a specimen.I have provided you with a complete and true copy of this statutory warning,which was to be yellow also.The officer gave me the original white copy that he has to turn in and the box is blank.It has a line on it and under the line,subject's signature,I was to sign after he requested my breath.He skip this whole page and just gave it to me.So how do I report this officer's mistake are what if he made another copy and forge my name so he had the right paperwork to turn in to his supervisor.I NEED AN ANSWER ASAP.Something needs to be done about this being covered up by him or whoever    


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#4 Tax_Counsel

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Posted 17 April 2012 - 05:10 PM

It doesn't really matter what color copy he gave you or what he gives his supervisor. The police reports are not evidence anyway. The issues are (1) can the state prove the DWI and (2) were you advised of the consequences for refusing to provide a breath or blood sample? Note that the advisement affects only the administrative process for the sanctions for refusal to consent, not the DWI criminal case. You really ought to get a lawyer to represent you. I think you are focusing too much on stuff that isn't all that important to the legal problems now facing you.





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