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Was drugged at a bar now threatened with charges...

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batman121

Junior Member
What is the name of your state (only U.S. law)? South Dakota


Last night I went to a bar and was slipped a "Mickey". I was fine at 10:30 pm and had a couple drinks and by 11:30 pm I was disoriented and dissociated. I managed to get home from the bar (3 blocks) and at 11:39 pm the friend I was with texted me and asked where I was and if I could bring her purse. I left my house walked 3 blocks west to where my car was parked. I got her purse and walked another 4 blocks to the bar. She met me outside and commented that I was not wearing shoes. Until she mentioned it I was totally unaware that I was shoe less.

I returned home and was in bed until approximately 11:00 am. I awoke and got my keys to go and retrieve my car. When I walked outside I found my car int he drive. I apparently, at some point drove it home. I distinctly remember walking back home barefoot and going to bed. I do not remember leaving home and driving the car.

Today at about 5:15 pm I was contacted by a police officer and questioned about a property damage incident that occurred at the apartment where my ex-wife lives. Her house is about half way between my house and the bar. Apparently someone punctured tires on 5 vehicles at her house. The police claim to have security camera footage, but they have not reviewed it yet.

In South Dakota, intentional property damage over $1,000 is a class 4 felony.

My question is this: Assuming it is me on the tape (I do not remember going to her house) do I have any defense on the being unwittingly drugged?

There have been numerous reports of "Mickey-slipping" in this town in recent weeks. It is completely possible that I got a spiked drink meant for someone else at my table.

I have been drunk before and this experience (feeling groggy and disconnected) is much different. I was drugged. I am convinced of that because of the blocks of missing time in my memory.

This is one of the most confusing and disarming things that I have ever dealt with. I am really concerned that I did something and do not remember.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? South Dakota


Last night I went to a bar and was slipped a "Mickey". I was fine at 10:30 pm and had a couple drinks and by 11:30 pm I was disoriented and dissociated. I managed to get home from the bar (3 blocks) and at 11:39 pm the friend I was with texted me and asked where I was and if I could bring her purse. I left my house walked 3 blocks west to where my car was parked. I got her purse and walked another 4 blocks to the bar. She met me outside and commented that I was not wearing shoes. Until she mentioned it I was totally unaware that I was shoe less.

I returned home and was in bed until approximately 11:00 am. I awoke and got my keys to go and retrieve my car. When I walked outside I found my car int he drive. I apparently, at some point drove it home. I distinctly remember walking back home barefoot and going to bed. I do not remember leaving home and driving the car.

Today at about 5:15 pm I was contacted by a police officer and questioned about a property damage incident that occurred at the apartment where my ex-wife lives. Her house is about half way between my house and the bar. Apparently someone punctured tires on 5 vehicles at her house. The police claim to have security camera footage, but they have not reviewed it yet.

In South Dakota, intentional property damage over $1,000 is a class 4 felony.

My question is this: Assuming it is me on the tape (I do not remember going to her house) do I have any defense on the being unwittingly drugged?

There have been numerous reports of "Mickey-slipping" in this town in recent weeks. It is completely possible that I got a spiked drink meant for someone else at my table.

I have been drunk before and this experience (feeling groggy and disconnected) is much different. I was drugged. I am convinced of that because of the blocks of missing time in my memory.

This is one of the most confusing and disarming things that I have ever dealt with. I am really concerned that I did something and do not remember.


You'll have to prove that you ingested something involuntarily.

IE, tox report.

You DID report this to the police, correct? And went to the hospital because you felt so bad?
 

batman121

Junior Member
You'll have to prove that you ingested something involuntarily.

IE, tox report.

You DID report this to the police, correct? And went to the hospital because you felt so bad?
I informed the police today about the suspected involuntary ingestion. I talked to my attorney and he advised me NOT to go and get a tox report done becasue he said that if there are illegal drugs in my system that I could be charged with ingestion. I really do not need any more problems.

I have been doing some research and it has raised another question:

I have been receiving treatment form a doctor for insomnia for the past 2 years. Last week the doctor prescribed me Lunesta as a sleep aid. I have read some reports from people online that seem to mirror the symptoms that I have experienced last night and today. Most specifically, stupor, memory loss, complete loss of inhibition, doing strange things with no recollection, etc...

Assuming that my situation is a result of an unexpected interaction between the alcohol and a new prescription drug, is that grounds for the involuntary intoxication defense?

I am still so confused. I am not sure if I was "roofied" or if the prescription meds threw me for a loop. All I know is that I allegedly did some things that I do not remember. I know that I did some things that I cannot explain like driving the car and walking around town with no shoes on.

I feel like I lost an entire night for which I am being held accountable and I do not recall any of it. This is a strange feeling.
 
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Proserpina

Senior Member
I informed the police today about the suspected involuntary ingestion. I talked to my attorney and he advised me NOT to go and get a tox report done becasue he said that if there are illegal drugs in my system that I could be charged with ingestion. I really do not need any more problems.

I have been doing some research and it has raised another question:

I have been receiving treatment form a doctor for insomnia for the past 2 years. Last week the doctor prescribed me Lunesta as a sleep aid. I have read some reports from people online that seem to mirror the symptoms that I have experienced last night and today. Most specifically, stupor, memory loss, complete loss of inhibition, doing strange things with no recollection, etc...

Assuming that my situation is a result of an unexpected interaction between the alcohol and a new prescription drug, is that grounds for the involuntary intoxication defense?

I am still so confused. I am not sure if I was "roofied" or if the prescription meds threw me for a loop. All I know is that I allegedly did some things that I do not remember. I know that I did some things that I cannot explain like driving the car and walking around town with no shoes on.

I feel like I lost an entire night for which I am being held accountable and I do not recall any of it. This is a strange feeling.



If I were on a jury and you told this to the court, I wouldn't believe you for a split second. You talked to an attorney BEFORE you got medical attention after a possible involuntary intoxication? BEFORE you reported it to the police? BEFORE you checked with your physician for possible interactions?

Since you have an attorney though, what is your attorney advising?
 

justalayman

Senior Member
and of course you have read the literature you received with your medication, right? If not, here is an excerpt from that literature.

After taking LUNESTA, you may get up out of bed while not being fully awake and do an activity that you do not know you are doing. The next morning, you may not remember that you did anything during the night. You have a higher chance for doing these activities if you drink alcohol or take other medicines that make you sleepy with LUNESTA. Reported activities include:
• driving a car (“sleep-driving”)
• making and eating food
• talking on the phone
• having sex
• sleep-walking
Call your doctor right away if you find out that you have done any of the above activities after taking LUNESTA.
so, you causing your own "involuntary intoxication" means it wasn't really involuntary intoxication. You knew, or should have known, of the added concerns when taking Lunesta and drinking.

and of course, you have called your doctor as the literature directs, right?
 

batman121

Junior Member
If I were on a jury and you told this to the court, I wouldn't believe you for a split second. You talked to an attorney BEFORE you got medical attention after a possible involuntary intoxication? BEFORE you reported it to the police? BEFORE you checked with your physician for possible interactions?

Since you have an attorney though, what is your attorney advising?
No, I informed the police about the involuntary ingestion before talking to a lawyer.

I have only been taking the new medications since mid week. This is the ONLY adverse reaction I have had.

My attorney advised me not to get a tox screen.

and of course you have read the literature you received with your medication, right? If not, here is an excerpt from that literature.

so, you causing your own "involuntary intoxication" means it wasn't really involuntary intoxication. You knew, or should have known, of the added concerns when taking Lunesta and drinking.

and of course, you have called your doctor as the literature directs, right?
Today is Sunday and I will be talking to my doctor in the morning about the adverse reaction.

As for causing the involuntary intoxication, I had not taken the drug with alcohol nor had a drank shortly after taking the medication. I would have thought that if you took the medication on Friday and then had drinks on Saturday that everything should be ok. Nowhere in the literature does it say when drinking is unsafe.
 
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CdwJava

Senior Member
Roofies would have been out of your system quickly. By now it is far too late to test for them.

Absent some one taking advantage of you or a series of such incidents at THAT bar on THAT night, the "I was drugged" defense is not likely to go very far. I suspect a plea bargain to some lesser hit and run or related offense is in your future.
 

justalayman

Senior Member
Nowhere in the literature does it say when drinking is unsafe.
Oh, I guess that part I quoted doesn't mean anything to you. Is not driving a car while drugged unsafe? Well, there is a chance of it happening while on Lunesta without the drinking and an even greater chance of it happening if drinking alcohol ergo; drinking while taking Lunesta is KNOWN to cause unsafe situations.

and, of course there is this in the literature:

2. Do not take LUNESTA if you:
• drink alcohol


Walking, eating, driving, or engaging in other activities while asleep without remembering it the next day have been reported. Other abnormal behaviors include aggressiveness, agitation, hallucinations, and confusion. In depressed patients, worsening of depression including risk of suicide may occur. These risks may increase if you drink alcohol.
Can I take LUNESTA with alcohol?
No. As indicated in the LUNESTA Medication Guide, never drink alcohol with LUNESTA. Alcohol can increase the side effects of LUNESTA.
Lunesta has a half life of ~6 hours. That means 6 hours after taking the med, you have 1/2 of the dosage still in your body.At 24 hours, you would have ~1/16 dose remaining. Drinking the following day would mean you are still taking Lunesta with alcohol, just a lesser amount.

and you are the one that brought up the possibility of an interaction:

Assuming that my situation is a result of an unexpected interaction between the alcohol and a new prescription drug, is that grounds for the involuntary intoxication defense?
 

batman121

Junior Member
Roofies would have been out of your system quickly. By now it is far too late to test for them.

Absent some one taking advantage of you or a series of such incidents at THAT bar on THAT night, the "I was drugged" defense is not likely to go very far. I suspect a plea bargain to some lesser hit and run or related offense is in your future.
Are you speaking as a COP or in another context?

FYI: "There is a urine test for Rohypnol. However, the drug can only be detected for up to 72 hours after ingestion."

I am not sure where you came up with the "hit and run" comment.

After speaking with my doctor, my attorney and a pharma/psychology expert I am convinced that all will be well.
 

tranquility

Senior Member
Then, you are stupid.

Drugged to the point where you don't know what you are doing? What jury will believe it? I don't. Maybe you have lots more facts you can PROVE which will get there. But, you are a long way away from there.

That's not to be mean, but realistic. You saying what you are saying has been tried by thousands. A jury of your peers WILL NOT BELIEVE IT. You need proof. You better start gathering it.
 

justalayman

Senior Member
Then, you are stupid.

Drugged to the point where you don't know what you are doing? What jury will believe it? I don't. Maybe you have lots more facts you can PROVE which will get there. But, you are a long way away from there.

That's not to be mean, but realistic. You saying what you are saying has been tried by thousands. A jury of your peers WILL NOT BELIEVE IT. You need proof. You better start gathering it.
hey, he not only has a lawyer but a "pharma/psychology expert". I don't know. I figure there's no way this guys going to lose.:rolleyes:
 

Isis1

Senior Member
Dude, weren't you already told to shut up and not to speak to anyone other than your attorney?
 

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