What is the name of your state (only U.S. law)? California
My case is really really lame. Long story shorter, one night I by accident ended up at the San Luis Rey gate at Camp Pendleton. I knew I was lost, but in the general direction of where I was going. After waiting in a long line of stopped traffic, I decided I was going to turn around and go back until I was back on a familiar street. Well, as traffic started to move up, I could start to see some sort of booth up ahead. So I decided since I was in the middle of nowhere, to drive up and ask for directions before I turned around, just in case I was closer than I thought to the road I needed to be on.
Anyhow, two Military Police appeared in front of my car and scared the hell out of me. They accused me of being impaired and decided after an hour to call the Oceanside police.
Now, I was not impaired, I just got lost and had no idea I was at the base.
I do take prescription Adderall legitimately, but I told the officer I may have taken 1 more than I usually take. Now by usual I meant more than 1 lately because I have not been working all day. I am prescribed to take two of them a day. The way I said it was probably interpreted as taking too many or two at one time.
I was asked to do some FST's in my horribly, heavy over sized flip flops, even after asking to change into my shoes which were in the car. Also, it was on very rough, uneven pavement. I'm not sure what, or why they decided to take me in for more questions and to submit to a chemical test, but they did.
I was released 19 hours later (because I didn't know I could leave) on a Notice To Appear. I appeared and was told no charges were being filed. Then two days later I received a notice from the D.A's office informing me of an arraignment. At that arraignment, I was informed that amphetamines showed up in the blood test (duh) and I plead not guilty. They told the judge that (plea) and about the amphetamines showing up, but that I had a legal prescription. The judge said, " Just be careful"
Now, the second court date (which my assigned public defender couldn't even show up at, nor did he talk to me about the case before going in because he didn't have my file yet) I was told after telling the stand in P.D. that I'm not guilty, and I won't plead to a lesser charge of Wet and Reckless, I was told that (and i think it's because of my NOT GUILTY PLEA) They have added new charges.
The new charge is for HS 11550. I told him I have a prescription. Anyhow, now they are saying that it was methamphetamine that showed up in my blood test. I think these people are nuts. I don't know what happened or what all that means, but I do not use illegal drugs.
My question is (and sorry this is so long) Can they do that?? Add another charge? Just because I didn't plead guilty? It seems excessive to charge someone with a DUI and then another charge that says you can't use or be under the influence of blah, blah, blah. Nor can a person drive under the influence. Is this because the laws really only deal with alcohol, and impairment?
My case is really really lame. Long story shorter, one night I by accident ended up at the San Luis Rey gate at Camp Pendleton. I knew I was lost, but in the general direction of where I was going. After waiting in a long line of stopped traffic, I decided I was going to turn around and go back until I was back on a familiar street. Well, as traffic started to move up, I could start to see some sort of booth up ahead. So I decided since I was in the middle of nowhere, to drive up and ask for directions before I turned around, just in case I was closer than I thought to the road I needed to be on.
Anyhow, two Military Police appeared in front of my car and scared the hell out of me. They accused me of being impaired and decided after an hour to call the Oceanside police.
Now, I was not impaired, I just got lost and had no idea I was at the base.
I do take prescription Adderall legitimately, but I told the officer I may have taken 1 more than I usually take. Now by usual I meant more than 1 lately because I have not been working all day. I am prescribed to take two of them a day. The way I said it was probably interpreted as taking too many or two at one time.
I was asked to do some FST's in my horribly, heavy over sized flip flops, even after asking to change into my shoes which were in the car. Also, it was on very rough, uneven pavement. I'm not sure what, or why they decided to take me in for more questions and to submit to a chemical test, but they did.
I was released 19 hours later (because I didn't know I could leave) on a Notice To Appear. I appeared and was told no charges were being filed. Then two days later I received a notice from the D.A's office informing me of an arraignment. At that arraignment, I was informed that amphetamines showed up in the blood test (duh) and I plead not guilty. They told the judge that (plea) and about the amphetamines showing up, but that I had a legal prescription. The judge said, " Just be careful"
Now, the second court date (which my assigned public defender couldn't even show up at, nor did he talk to me about the case before going in because he didn't have my file yet) I was told after telling the stand in P.D. that I'm not guilty, and I won't plead to a lesser charge of Wet and Reckless, I was told that (and i think it's because of my NOT GUILTY PLEA) They have added new charges.
The new charge is for HS 11550. I told him I have a prescription. Anyhow, now they are saying that it was methamphetamine that showed up in my blood test. I think these people are nuts. I don't know what happened or what all that means, but I do not use illegal drugs.
My question is (and sorry this is so long) Can they do that?? Add another charge? Just because I didn't plead guilty? It seems excessive to charge someone with a DUI and then another charge that says you can't use or be under the influence of blah, blah, blah. Nor can a person drive under the influence. Is this because the laws really only deal with alcohol, and impairment?
