Legal Question in DUI Law in Pennsylvania

Police treatment

I was involved in an accident (which was not my fault) and the police office took me for blood work. I was not drinking, but taking pres. meds. My doctor has told me they cannot charge me with a DUI and that the hospital should have kept me to find out why I was staggering and slury my words. I have since found out that I have had seizures which may explain my memory lost and physical condition. I told the police I have had 2 recent back surgeries and they were nasty (didn't care) gave me a hard time when I explained I was unable to sit to a long time and needed to stand. They treated me as if I was nothing more than drunk. They never returned my driver's license, insurance card, money that I had--officer told me he put the stuff in my pocket. Never rec'd receipt for my personal belongings.

Questions: Do I have any case against hospital/police officer? 2. Will they still be able to arrest me and can I use my medical condition, pres. meds as a defense.


Asked on 9/25/05, 12:34 pm

1 Answer from Attorneys
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Police treatment

As to question one you may have a case against the Hospital, but the real question is what damages did you sustain? If the answer is zero or limited, you would be spinning your wheels. As to the Police Department, you absolutely do not have a case, unless you are claiming the officer stole your personal belongings, then maybe. As to a defense to possible conviction absolutely, your medical history would be consistent with a strong viable defense.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

www.Alleghenyattorneys.com

412.731.0865

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Answered on 9/26/05, 1:03 pm


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