drug charges for legally scripted meds.

[RJW]

What is the name of your state? TX
My girlfriend was pulled over DWI (blew an .080) and had in her purse all her meds for the day. They are all scripted to her. She was charged with miss poss of Vicodin and felony poss of Adderrall in addition to the mis DWI.
She has 2 court dates. 5/3 for the felony and 5/30 for both the miss, DWI and poss. She has rounded up the right bottles, got the print outs from the pharmacy, notes from the MDs.
Question 1: Will she be ok in going without legal representation to the forst court date to get the felony dismissed?
Question 2: Is there any chance that both drug poss charges can/ will be dropped on the first visit so we can just focus on the DWI on the second visit or must the miss and felony charges be dealt with seperately?

Thanks!

 

[Shay-Pari'e]

Yoo Hoo! Are you on drugs while trying to post a question?

 

[RJW]

you are soooo not nice!

 

[Shay-Pari'e]

you are soooo not nice!

Well in case you didn't notice, you never asked a question untill you edited your post.

Your girlfriend is a mess and should not be allowed behind the wheel of a tricycle.

 

[Shay-Pari'e]

.80? Are you sure she is not dead? Go look, hurry.

 

[garrula lingua]

She needs a lawyer.

Any Prosecutor will drool at the idea of taking that case to trial. All charges are tried at one time; presentation to the jury of the drugs in possession as well as the BAC will ensure a conviction (each charge makes the other stronger).

An attorney may be able to negotiate a plea bargain, or offset the felony possession at trial.
Most states require that prescriptions have to be carried in the original container - that in itself can be a charge & she doesn't appear to have a defense to that and the DUI.

 

[Shay-Pari'e]

She needs a lawyer.

Any Prosecutor will drool at the idea of taking that case to trial. All charges are tried at one time; presentation to the jury of the drugs in possession as well as the BAC will ensure a conviction (each charge makes the other stronger).

An attorney may be able to negotiate a plea bargain, or offset the felony possession at trial.
Most states require that prescriptions have to be carried in the original container - that in itself can be a charge & she doesn't appear to have a defense to that and the DUI.

Great post..

 

[garrula lingua]

Shay:
I liked yours more

 

[Bretagne]

First of all, the OP correctly stated that girlfriend's BAC was .08--not .80 as Shay-Pari'e states. Unless the OP edited that portion along with editing to enter his questions.

In my state, it is not illegal to carry prescription medication in a different container than that given at the pharmacy.

An attorney is a good idea, not only to ensure the dismissal of the felony and misd. possession charges, but also to streamline the two court files to minimize appearances.

Finally, her punishment for the dui could be higher than standard due to the scripts. I'm assuming she's not supposed to drink while taking those meds. Or, perhaps the meds would affect her BAC in a manner that will be helpful to her.

Bottom line, don't take a chance on the prosecutor being reasonable at the first appearance. And, the judge won't dismiss on the first appearance without the agreement of the prosecutor. Your attorney will need to bring motions on that issue to be heard at a latter date.

 

[fairisfair]

First of all, the OP correctly stated that girlfriend's BAC was .08--not .80 as Shay-Pari'e states. Unless the OP edited that portion along with editing to enter his questions.
In my state, it is not illegal to carry prescription medication in a different container than that given at the pharmacy.

An attorney is a good idea, not only to ensure the dismissal of the felony and misd. possession charges, but also to streamline the two court files to minimize appearances.

Finally, her punishment for the dui could be higher than standard due to the scripts. I'm assuming she's not supposed to drink while taking those meds. Or, perhaps the meds would affect her BAC in a manner that will be helpful to her.

Bottom line, don't take a chance on the prosecutor being reasonable at the first appearance. And, the judge won't dismiss on the first appearance without the agreement of the prosecutor. Your attorney will need to bring motions on that issue to be heard at a latter date.

and you KNOW that he did. Look at the time of Shay's post and the time of his last edit. C'mon Bret, you know we seniors don't make mistakes. LOL

 

[eliteb43]

I just went through a similiar case. And since I'm from Texas, I know exactly how NOT forgiving the court system can be in this state. Let me just give you a little heads up.. i'm doubting that you will get a dismissal. I know that when you think about it... you should. I thought I would too. It seems RIGHT. But the prosecutors want a conviction. Most likely, you'll be offered a deal where the felony is dropped to a misdemenor... but with the three cases.. its likely there will be some time in county that will have to be served. Unless probation is offered. If the DWI is a first offense, the sentence usually ranges between a week or two in county. As for the meds.. maybe you'll be luckier than me. But I think the DWI on top of the possesion case really hurts your chances for a dismissal.

But i guess the best advice to give you is... GET a Lawyer. The court app. lawyers, from my experience watching them, are not as helpful as one that you actually pay for.

 

[tishters]

hate to dredge an old one up...

...but i don't feel like i'm hijacking a thread over a month old

this thread scared me, and i wanted to ask about it. i'm moving to TX next month...

did i miss something or are people there being charged with drug possession for carrying around their prescribed medications?

i'm just about the most law abiding person i know, i rarely even ever have a drink, but i do have adderall prescribed to me. and they're to be taken every couple of hours, so i do also usually carry them around with me.

i'm really hoping i'm just too tired and frazzled right now to actually comprehend what i'm reading...?

 

[Ozark_Sophist]

...but i don't feel like i'm hijacking a thread over a month old

this thread scared me, and i wanted to ask about it. i'm moving to TX next month...

did i miss something or are people there being charged with drug possession for carrying around their prescribed medications?

i'm just about the most law abiding person i know, i rarely even ever have a drink, but i do have adderall prescribed to me. and they're to be taken every couple of hours, so i do also usually carry them around with me.

i'm really hoping i'm just too tired and frazzled right now to actually comprehend what i'm reading...?

ALWAYS carry Adderall in your prescription bottle. I know stimulants are prone to theft, so save your prescripition bottle and carry a day's worth in one bottle and store the rest.

 

[mamabear4269]

Speed+downers+booze.....Glad I don't live in TX. PLease keep that gal off the road and get her into rehab.