Legal Question in Criminal Law in California

Hello, i was pulled over for a brake light out. a plain clothe man ran up to me asking me if i had weapons. he asked for my reg. & lic. which i gave him. As i handed them to him he grabbed my hand and pulled me out of my truck. I asked "am i arrested for something" he stated no. Then he put his hand in my front pocket as he was hurting my wrist bending it. He then slammed me with his elbow in the mouth & nose & drove me to the ground, placing me under arrest. at the police station he held me against my will drawing blood. can they take my blood like that. I have never had any criminal history at all. my nose was bleeding within one minute of ever seeing this man. this was in front of my 14 year old son at a clothing store in Napa.

thank you in advance for your response.


Asked on 6/25/12, 8:32 am

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

There is implied consent of blood testing, if DUI is suspected and the driver refuses to allow testing. If this happened just like you describe, I agree the "procedure" sounds irregular! If you are being charged with DUI (or any charges), hire a criminal defense attorney who regularly practices in the court where your case will be heard. Good luck!

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Answered on 6/25/12, 8:53 am
Anthony Roach Law Office of Anthony A. Roach

You need an attorney to represent you if you are charged with a crime. I also suggest speaking to a competent civil attorney who handles civil rights violations against police.

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Answered on 6/25/12, 10:31 am


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