DUI Leaving ER

[dhcracker]

Kentucky

Friends,

April 21st of this year I was assaulted at a housing development by a known drug dealer. I was assaulted because I had just completed Rehab, and it was known a charity called Unite paid for my rehab. This organization also is known for paying informants to bust drug dealers. However I merely took advantage of the charity arm of the organization, I had been ordered by family court to go to rehab or lose my kids. This was ordered based on a DUI I got in november of 2010, though it was for my prescriptions what I was doing was snorting my pills.. I had a drug problem but I did not do but half of what I was prescribed in that way. Still I felt I was guilty so I plead guilty so I could go on and get into rehab and straighten my life out.

Upon Release from rehab I had new family court orders to secure my own home "was living with my grandfather while I was a single father", and to secure a job. I was assured I would get help with a hardship license, however when I got a job at wal-mart working swing shifts they told me I was unelligible because I didn't have a set schedule they could put on my license for hourse allowed driving.

Me trying to get my family back I prayed they would not bother me going back and forth to work.. I was wrong. I got arrested for driving on suspended dui and I lost that job. Then while moving my stuff out of my cousins I was ambushed by a drug dealer who thought I snithced on him and he broke my nose, my eye orbit, and the base of my skull. I immediately drove to the emergency room.

At the emergency room the CT scanned my sinuses and found them completely plugged off with blood and mucus, they administered two types of pain medications there hydrocodone and oxycodone.. in the form of lortab and percodan. I was kept for observation for 2 hours then released and told I was ok to drive home. The friend that rode with me did not have her license either so I took the risk again to drive home. This time I came up on a road check, the officer said he saw pill residue in my nose but that was impossible. I begged him to swab the residue he saw but he refused. He actually shined a bright light into my eyes for a prolonged period then said my eyes were constricted.... of course they were thats what happens when you shine lights into peoples eyes. I then asked him to give me my sobriety test in front of the crusier with the camera on for evidence to which he also refused. My witness saw him actually push me during my sobriety test so he arrested me for driving on suspended DUI and second offense DUI. At the hospital I requested to pay for my own blood and urine screen but I was denied that right.

This time I have refused to plea, I felt the blood test results would vindicate me or at least show administered medications and thus not be permitted to be used against me in a trial. However the strangest part of this is when the blood screen came in 6 months later the results did not match what was administered by the hospital. The blood screen shows oxycodone but also something called adipex which I believe is some kind of diet pill, however there were absolutely no traces or even any metabolites of the administered Hydrocodone tablets and hydrocodone has a much longer half life than oxycodone.

I honestly believe my blood test was switched with someone elses. I noticed on my ride to jail that there were blood test kits laying in the floorboard and the back windshield that had been dated over 3 weeks prior. The officer himself showed signs of intoxication, he went into my vehicle without permission and he stole my grandfathers checkbook out of it and my wallet which he actually forgot on the roof of his cruiser and took off driving down the road, he lost my registration that way.

Even the jailer thought this officer was acting strange, unsure.. he kept looking up my nose over and over as if he was secondguessing himself.

I know this will end up being his word against mine and the word of my witness but it seems there should be some way to have a bench trial so the judge can address the failure of this officer to follow proper procedure in his practices. It appeared to everyone he was just dead set on taking me to jail regardless.

Basically this same officer has arrested me once coming home from work, once coming home from the hospital with a badly broken face, and even once for driving home from court when I had no other way to get to court and couldn't miss because it was probation hearing.

Shouldn't police officers actually look for us to break laws instead of just waiting for us to come home in the middle of the road? I feel like I must have done something to personally offend someone in this legal sysem.

Sir Before this I went 7 years straight without so much as a ticket, I was a single father doing my best to raise my kids. It wasn't until my mother and my ex wife started slandering me for this custody war that the police started harassing me.

What if any options do I have? I understand I am facing up to one year?

 

[OHRoadwarrior]

I hate to tell you this. You were driving under the influence of drugs. The fact that they were prescribed, does not mean you were not under the influence. I doubt anyone would say they told you to drive home, under the influence.

 

[dhcracker]

I understand that, however I was released two hours after the medication was administered by the doctor and I was told to be careful driving home. The levels in my system had to be below theraputic levels, else the doctor wouldn't have released me knowing I had to drive home.

The indications for this prescription says to "use catuion operating motor vehicles", nowhere does it tell me to refrain from driving period... the dose wasn' that high. I very carefully read all the precautions of the meds, and I asked the doctor directly if he saw any reason I shouldn't drive. He did check my eyes and watched me walk and sit down and up and said, be carefull I'm going to discharge you but you should be fine so long as you don't get sleepy, just be careful and if you get tired pull off and don't take any more meds until you get home. Refrain from driving for at least 2 hours after taking your medications.

Those were my instructions and I followed them.

The problem I have is that the blood screen is showing additional medications I was not prescribed, as well as a lack of the medications that I was administered at the hospital not 3 hours before. I believe the drug screen is either false or switched with someone elses.

I asked the police officer to do my sobriety test with his camera on in front of his cruiser and he refused, I asked him to swab the material in my nose he said was pill residue and he refused. I asked him to allow another officer to give me a sobriety test and he refused, at the hospital I asked to have my own blood screen performed that I would pay for and I was refused that as well.

I understand being harsh on drunk drivers, but I do not believe I should be denied the opportunity to prove my innoence or to have the evidence against me recorded properly. I believe this officer knew I wasn't under the influence and intentionally denied me the proper procedures he could have used because he knew as long as he kept it based solely on his testimoney versus mine he would get a conviction.

What he doesn't realize is I had witnesses that were recording my sobriety test from the road on their phone, I have footage of him pushing me over. Everthing on the scene otherwise my passenger witnessed, the other officers were not within earshot so if they testify the video my friend took from the road may help my case.

I am well aware that because I am fighting this I have made myself a target, everytime I am out I get harassed by police officers now. But I still do believe in the court system, I believe when people allow it to run its course and work that innocent people don't get unfairly punished.

I will never plea to this dui, and I have never in my life taken anything to trial other than the custody battle for my kids... which I won btw. Even if it was sure I would be convicted I will make them give false testimoney even if they don't get caught and I get the maximum. I believe in Karma, I don't think a trial will hurt anyone.

But I am kind of stuck defending myself and I desperately neeed some resources and help or advice that anyone may be willing to offer. I know everyone says they are innocent, but if anyone here can help me and if you can at least give me the benefit of the doubt and offer me assistance I believe God will reward you for it.. or if you don't believe in God then believe in Karma!

my email is [email protected] any advice is welcome (hope its ok to post my email?)

 

[dhcracker]

I got to talk to a lawyer today! I feel much better about my case, first off the blood screen results cannot be used against me, so it's down to whatever evidence the officer collected which wasn't anything. I begged that guy to record my sobriety tests but he refused to do it. See he told me I failed because I took one step partially off the line right.... only problem is the standard for scoring the walk is 3 mistakes and you only score one mistake when you completely miss the line and no part of your foot is touching it.

I found out lots of cool things today, actually it all makes perfect sense when you think about it. But the real clincher is the discharge papers from the hospital, the witness I had in the car, and the witnesses actually at the scene of this roadcheck.

I found out also these roadblocks they do around here are illegal as heck. They have established standards to keep from violating the 4th ammendment, and I discovered my county is the only county you can't find ANY posted road checks on the state police website. The don't use any reflective clothing, they hide their cars and don't use their bluelights, they post no warning signs... I think they are trying to get ran over. I also found out that so long as you make a legal turn its not probable cause to be pulled over for turning around in front of a roadblock. We have a right to avoid them, they are supposed to actually follow you until they then more than likely just make up some probable cause to pull you over lol.

Seriously its getting very bad down here, our policeforce just refuses to respond to domestic calls anymore, they don't do any patrolling, they don't go hunt down any thieves, and they don't catch the people murdering our population or selling the dope. But if you roll through a roadcheck about quiting time you'll go to jail.

Somebody has to start monitoring these people this is getting ridiculous. They have actually done these roadblocks over 7 days in a row before.. and sometimes a deputy will just pull off and conduct one by himself now u know he isn't getting any civilian approval for that.

 

[dave33]

What you have described is simply the evolution of the system. Most who are
accused feel the same way. The system is a formidable opponent. To properly defend yourself is very costly, which is why many people feel violated and the average officer can basically do whatever they want (within reason).

In this situation the state will have alot of prison time to threaten you with which will effectively force you to plea. goodluck.

 

[dhcracker]

You are very right in that they do what they want. Peace officers are becoming judge and jury nowadays, we are turning into a police state.

I think its only going to get worse, I don't see unemployment going down anytime soon. You get a bunch of poor and desperate people with too much time on their hands and throw in this gangster police force we have and I tell you its chaos.

It has already cost me dearly, I have absolutely nothing to lose and for once I'd like to walk out of a criminal court and not feel like I was just cheated from due process and turned out faster than a hamburger from wendys.

I've not had a great deal of trouble with the system, but periodically it seems some power junkie cop will get your number and tell all his buddies how he doesn't like you and you have 2-3 years of nothing but harassment in these bullcrap misdermeanor cases. But I'll not plea I don't care if I get to go to jail for the maximum year, I feel like at some point surely to God someone with some common sense will have to step in and put a stop to this nonsense. I'll appeal it the whole time I'm in jail if only to try to give the prosecutor something to do other than scare and bull**** people who don't know any better while on the other hand he dismisses the cases from the largest families.

This evolution isn't exactly progressive.. I'd say its degenerative wouldn't you? I'm sorry I still do have a little faith in at least the higher levels of court, and I've never had a case tried I've always let the prosecutor bully me into a guilty plea.. I'm really hoping that the judges in these cases are just as wise and impartial as the family court judges I have appeared before. Its always very scarey at trial but sometimes you just have to stand up for yourself.

 

[dave33]

I hope that you have plenty of $ for the attorney fees. I do notr care what the situation, going to trial with a public defender is crazy.

Also, you may be facing much more than a year if convicted. This is something you need to look into. The violation alone could get you a y
ear or more. Driving on a suspended is usually more serious and carries more time when the suspension was a result of a d.w.i. You will have the violation and the new charge (d.w.i.) If sentenced consecutively that would be 2 years. The other possible drug charge also still exists. The state can threaten you with that until the statute is up.

The bottom line is that the state has more than enough ammunition to make a credible significant threat. You can trust and believe that is exactly what they will do until you give them what they want. goodluck.

 

[justalayman]

I hope that you have plenty of $ for the attorney fees. I do notr care what the situation, going to trial with a public defender is crazy.

really? In some states, the PD's are private practice attorneys that donate time or accept a lesser fee to provide services for the indigent. In others, they are an actual practice that is hired by the state to provide lawyers for the indigent. In any case, they had to go through law school and pass the bar just like any other attorney in their state. Stating a PD is somehow less capable than a private pay attorney is a disservice to those that work the job. While they are often overworked and that can be the cause for a poor representation, to suggest they are somehow less capable than a private pay attorney is simply wrong.

Remember: Caylee Anthony's attorney was a PD in effect. The state paid for her legal fees.


to dhcracker:
I have no idea why your attorney stated the drug test cannot be used against you, it is not necessarily true. If there is a supportable chain of evidence, it is likely to be usable in court. Now, if you can prove you were administered hydrocodone and it did not show up in the test, you can utilize that to defeat the screen as it would obviously be provable as either undependable or having been switched somehow.

Basically this same officer has arrested me once coming home from work, once coming home from the hospital with a badly broken face, and even once for driving home from court when I had no other way to get to court and couldn't miss because it was probation hearing.

Sorry but neither situation is justification for driving. Taxis, friends, family, public transportation, a bicycle, or walking are all acceptable alternatives which you failed to utilize. Ignoring the suspension is a great reason for the judge to refuse any leniency since it shows a lack of commitment to accepting your punishment willingly.

 

[CJane]

I don't know how one man can get so caught up in conspiracies to do him harm. First it's the drug dealers, because he had the unmitigated gall to go to rehab, then it's a DIFFERENT drug dealer because that guy thinks he's a snitch. And now it's the entire legal system.

Pretty soon, it'll be the Federal Government, and then he's not safe ANYwhere.

 

[justalayman]

I don't know how one man can get so caught up in conspiracies to do him harm. First it's the drug dealers, because he had the unmitigated gall to go to rehab, then it's a DIFFERENT drug dealer because that guy thinks he's a snitch. And now it's the entire legal system.

Pretty soon, it'll be the Federal Government, and then he's not safe ANYwhere.

That's ok. It keeps all my bills paid. They all eventually go to my website where I sell aluminum foil clothing. The hats were not completely effective so I created a complete clothing line made of aluminum foil. It appears the foil suits are completely effective (and profitable)

 

[HighwayMan]

I could use some of that! How do I find your website?

 

[dhcracker]

CJ,

Well if I had given you guys my lifes story on here you probably would have complained about it, see actually it was for both. I had a family court order to go to rehab but no way to pay for it, Operation Unite operates a charity to pay for drug rehabilitation... problem is they also actively employ "snitches". But they do not ask anyone seeking help to give them any information at all in that regard.. but the dopers don't see it that way. So at my first DUI trial when the prosecutor blurted out loud I had to get the case over with so Operation Unite could pay for my rehab you could imagine the gasp coming from the people in the rows behind me. I bet half the courtroom felt like running out the door lol, and I think he knew that and did that intentionally.

I'm not actually sure why they are coming after me so hard.. and btw they have NO drug charges on me. I haven't had any drug charges since I used to fool around with marjiuana all those years ago lol.

Admitedly I do know lots of suspected trouble makers and I think the state is well aware of that and is probably turning the screws to flip me.. only problem is I don't think I could help them even if I wanted to. There was a time when I was heavily involved in a bad lifestyle, truth is I'm just trying to work and pay my taxes and stay away from those old associates as much as possible. I have a family now, I just got my family court case closed and I have my rights back to my kids. I have a beautiful woman I intend to marry and she has two babies of her own I'm trying to be a good influence for.

Especially now that prosecutors and law enforcement are actively telling my neighboors I'm liable to be a snitch... my neighboors apparently aren't that intelligent. I mean if they have this big snitch why would they give him up before they arrest everyone... lol. Or for that matter why would the prosecutor tell the whole courtroom I work for unite and thus negate his witnesses future usefullnes.

I believe either they figure I've done something pretty bad in my life to deserve some bad karma, or they are pressuring me as hard as possible to make up for weak evidence and avoid a trial, or maybe they really think I'll flip and somehow be able to end the drug war in this county...

BTW this public defender has fought more for me than any lawyer I've ever paid in my life almost. I have absolutely no problem with placing some faith not only in my lawyers abilities but her conviction that I am being unfairly singled out and prosecuted. I also still have a little faith in our judges wisdom and ability to overlook hearsay and rumour and rule in favor of facts.

I am being charged with 189A.010 and I am basing my opinion that the drug screen results won't be admissable in a jury trial on this:

189A section 4

(b) A laboratory test or tests for a controlled substance shall be inadmissible as evidence in a prosecution under subsection (1)(d) of this section upon a finding by the court that the defendant consumed the substance under a valid prescription from a practitioner, as defined in KRS 218A.010, acting in the course of his or her professional practice.

The only other substance listed isn't a substance that falls under this statutes definitions, and also because a registered nurse administered hydrocodone as well as an injection that did not show up in this screen should cast a good reasonable doubt on the results.

Also I believe my sample was stored in the officers trunk for several days because I saw several blood test kits sealed with names on them dated several days prior laying loosely in his trunk. His car was a mess and it struck me he was about as organized as I am which can't hurt me in trial.

Still Its going to be his testimoney as an officer of the law that I have to prove to a jury could be mistaken which is a tall order. But I also think we are all human and even honest police officers can make mistakes and get false impressions.

 

[justalayman]

Did you notice this section:

(d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle;

that begs the question:


how long after you were stopped were the blood samples drawn?

again, if the tests are not admissible, then they have no case.

 

[davidmcbeth3]

Did you notice this section:



again, if the tests are not admissible, then they have no case.

I would not go that far; police testimony can be enough to convict; no testing is required or mandated for a DUI/DWI.

Police roadblocks? Ask Jesse Ventura about these (he's moving to mexico, where its a free-er society??!). he's right about one thing: we live in a fascist state now. Another OK city type bombing will happen soon. Just waiting for it; by americans of course.

 

[justalayman]

I would not go that far; police testimony can be enough to convict; no testing is required or mandated for a DUI/DWI.

Police roadblocks? Ask Jesse Ventura about these (he's moving to mexico, where its a free-er society??!). he's right about one thing: we live in a fascist state now. Another OK city type bombing will happen soon. Just waiting for it; by americans of course.

Yes, I was lax in my statement. I don't disagree but if the charge is based upon suspicion supported by the test, OP might beat it. If the cop testifies to the OP's impairment, then OP might be screwed.