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Member |
Got a blood draw trial coming up and need info quick. Do I need to have the paragraph: It is further presented ... did then and there unlawfully while intoxicated, namely having a quanitation of alprazolam and an unknown drug in his blood operate a motor vehicle in a public place. My information does not include the blood paragraph, is it required when there is no presence of alcohol? | ||
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Member |
From the TDCAA Charging Manual by the very capable Jeffrey Van Horn: then and there operate a motor vehicle in a public place while the said defendant was intoxicated by not having the normal use of mental or physical faculties by reason of the introduction of a controlled substance, a drug or a dangerous drug into the body. No need to make reference to blood. | |||
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Member |
Yeah, the defendant should already be on notice that he has blood in his body. It's the alcohol or drugs that he didn't know about. | |||
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Member |
Thanks for the responses. I'll be going on Monday and it's my first blood draw case, wish me luck. | |||
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