Can I get charged from a positive blood test for drugs?

[Jessika]

I recently got in to a car accident which was my fault, another car was involved but no one was hurt. I was sober at the time of the accident and passed all the cops sobriety tests but at the hospital they gave me a blood test. I know the blood test will show up positive for heroin,pot, Mdma, and possibly coke. Will they be able to charge me with that in relation to the accident (I did fall asleep at the weel) even though I hadn't consumed any drugs on the day of the crash? Will they be able to charge me with anything at all besides reckless driving? When the blood test comes back positive can and will they send the result to my insurance company? What would happen then?
This just happened wed. please send me a reply ASAP, The results will be in soon. Im 17 years old and I'm from Manahawkin N.J. My E-mail adress is [email protected]

 

[JETX]

Normally, they will only do a drug screen when there is a suspicion that the driver was 'under the influence'. If no suspicions, usually no screening.

I would wait to see what the results are.

 

[JETX]

Normally, they will only do a drug screen when there is a suspicion that the driver was 'under the influence'. If no suspicions, usually no screening.

I would wait to see what the results are. Then, if they do charge you, let your defense attorney handle it.

 

[calatty]

I don't know about NJ, but in CA and other states there are laws against reckless driving while intoxicated and these offenses carry harsher penalties than simple reckless driving. Experts can calculate based on the quantity of substance in your blood whether you were likely to have been under the influence of those drugs at the time of the accident. I hope you are planning to consult a lawyer.

 

[JETX]

I don't know about NJ, but in CA and other states there are laws against reckless driving while intoxicated and these offenses carry harsher penalties than simple reckless driving. Experts can calculate based on the quantity of substance in your blood whether you were likely to have been under the influence of those drugs at the time of the accident. I hope you are planning to consult a lawyer.

Wow, you completely blew that one, didn't you??

The original post was NOT about DUI. She was asking 'If I had an accident and was NOT driving under the influence, but had some RESIDUAL drugs in my blood, could they charge me for DUI?"

Then, you replied with some pap about 'most states having laws against DUI and their offenses'. Gee, it seems to me that she was already aware of
them... she was wondering if residual could affect her!!!

 

[calatty]

Her question was whether she can be charged with anything based on the drug tests. I told her she could be charged with driving while intoxicated based on having drugs in her system. Intoxication in the law refers to being under the influence of any illegal substance. You told her under what circumstances drug tests are conducted, which is not what she asked. You are the one who has comprehension problems, and you don't even notice it. I guess that is why I am the lawyer and you are the bill collector.

 

[I AM ALWAYS LIABLE]

My response:

Just an observation . . .

This writer is only 17, and has used, or is a user of "heroin,pot, Mdma, and [ ] coke" ?

Wow !

It's a wonder that on that "particular day" our writer wasn't in some sort of stupor - - living day-to-day in some sort of euphoric world !

Driving with one or more of these illicit drugs in our writer's system, one can only hope that the writer is arrested, has the driver's license revoked, and never drives a vehicle again.

Our writer's life is one, huge, destructive mess - - and looking for an early grave - - and almost got her wish !

None of us need this person on our roadways; that's for sure.

IAAL

 

[HomeGuru]

I agree with IAAL and it is my opinion that the case will involve both dui and the accident.

 

[Not Guilty]

Technically if illegal drugs are in your system, you can be charged for possession of said. The often difficult problem for the government is after doing a urine test on the accused the government only has evidence of metabolites (waste products of illegal drugs previously imbibed) in the accused urine. With only matabolites evidencing previous illegal drug use the government has a difficult (but not impossible time) proving beyond a reasonable doubt that the illegal drug was inbibed within the in personam jurisdiction of the court. For example if the accused lives in California but smoked marijuana in Nevada, is charged with possession of marijuana in California (dirty U.A.) there is no proof the marijuana was possessed in Californa

 

[Jessika]

a friend of the 17 yr old

TO THE GUY REFERRING TO MY FRIEND AS LIVING IN A EUPHHORIC WORLD---
lemme tell you something buddy, if she wasnt intoxicated DURING the accident, she shouldnt be prosecuted as such. and as far as im concerned, you must have a wasteful life sitting around demeaning 17 year old girls while their trying to get emotional advice- OH and everything turned out ok, she was not charged for anything because it was ILLEGAL for them to take a urine and blood sample.... AFTER she passed a sobriety test. just because someone uses in the privacy of their own home, doesnt mean they live in a euphoric state and their life is a mess. i do the same stuff, and im one of the smartest kids in my whole dam class, i hold a job, pay for EVERYTHING i need, and when i get behind the wheel, I AM SOBER, JUST LIKE HER.... we know theres a time and a place for stuff like that so BACK off... you got any problems w/ what I'VE just said, email me- [email protected] and i'll be happy to rip you a new rear end.... thank you for calling

 

[SZQ_Public]

Dear Jessica and Friend...

You wrote ...
....just because someone uses in the privacy of their own home, doesnt mean they live in a euphoric state and their life is a mess. i do the same stuff, and im one of the smartest kids in my whole dam class....

If you are doing heroin, you cannot be too smart. You may think you know it all at your age, but it is obvious you have a lot to learn.

Please take a good look at your life. If you want to have a future you need to give up the heroin. No matter where you do it, it is distructive and deadly. I've never done heroin in my life, but being married to a heroin addict has ruined my life, and that of his entire family. It didn't happen over night, he thought he could always keep it under control, but he couldn't. No one can, eventually it will get a hold of you and take control of you. If you don't give it up now you will be fighting this battle for decades to come, or you will lose the battle and lose your life.

Heroin has not only destroyed my family, but it has destroyed entire neighborhoods of my city. It has practically destroyed an entire generation - YOURS.

If you are interested in getting help now let me know what city you live in. I'll find some information for you.

Good luck!

 

[FKNA]

I AM ALWAYS LIABLE

Just an observation. . .

You obviously have a problem with drugs an alcohol. Why don’t you keep your sorry butt OUT of the drug and alcohol forums since you see to be able to only attack those that post in those forums.

Your holier than thou attitude is sickening. And your psychic abilities simply amaze me. How one can deduce that another lives “day-to-day” in a euphoric world, or that one was under the influence, or that their life is one destructive mess just by reading the original post is beyond me.

Tell us how you do it. We ALL want to know how you were able to determine that the original poster does drugs on a daily basis. Or how is it that you know that “Our writer's life is one, huge, destructive mess - - and looking for an early grave”?

I’ve read the post over and over and this is all that I’ve been able to deduce. The original poster 1) they’re 17 years old. 2) was in an accident. 3) uses drugs. 4) was given a sobriety test. 5) was given a blood test 6) fell asleep at the wheel. 7) lives in NJ. 8) and looks like they even have insurance.

So if you’re going to play the psychic, why don’t you open yourself a psychic hot line. In the meantime, if you find it necessary to attack those that post in the drug or alcohol forum for NO GOOD REASON, then you’ll have to deal with me as well. I will not sit idly by while people like you go on the attack against those simply because they partake in drugs or alcohol.

-FKNA

 

[I AM ALWAYS LIABLE]

My response:

You're back again ?

So, you want to "defend" those that drink, or drug, and drive ?

You're a complete idiot - - and not worth anyone's time.

IAAL

 

[FKNA]

I will always defend those that are unjustly attacked.

Btw, I never went away. There's just no reason to address any posts to you unless you unjustly attack someone such as you did in this thread.

 

[I AM ALWAYS LIABLE]

I will always defend those that are unjustly attacked.

Btw, I never went away. There's just no reason to address any posts to you unless you unjustly attack someone such as you did in this thread.

My response:

You call "Tough Love" or setting someone straight an "attack" ?

You're such a stupid idiot.

IAAL

P.S. Let's see the quality of person who now comes to your "defense," because I called you what you are - - "a stupid idiot." Probably another drunk or druggy. Just the type of person you love.