duii for failing sobriety testing and 0.00

[neurology]

Hi, so I have an unusual duii charge and any insight into this would be helpful

I got a charge for what the arresting officer thought that I was drunk and I only drove a 1/4 mile from the store to my apartment. I hadnt drank at all, yet he said, "YOUVE been drinking"
I said no I havent, but I had bought beer to drink in my apt.

I have agoraphobia and dont go to bars, I am not social at all. I used to be but I have a neurological disease that I lose the ability to talk, slur my words, stammer, search for words and uncontrolled movements of my body. It has destroyed my life before this.

the medical terms disarthria for loss of speech and slurring.
Uncontrolled movements Ive been told by a neurologist that is athetosis and chorea, the chorea is uncontrollable writhing. I have videotaped this for neurologists prior to the arrest as they asked me to.

I have workups for seizure with testing prior to this, I have tremors and convulsive disorder. I have a positive babinski sign indictictive of upper motor neuron lesions. I have loss of balance, I cant do a romberg test.
I have been referred to a university speciality clinic. Actually told I HAVE to do this and I HAVE to apply for disability.
I dont want to live a pauper's existance on disability so I was hoping to finally figure out what is wrong with me.
I have a prescription for benzos but they stopped working. that is what was in my urine and doesnt work.

In fact they doubled my dose after this and added an antiparkinson drug. I was hoping it was just an anxiety disorder. But Im looking at pet scans, genetic testing, neurology specialists beyond the scope of the neurologists Ive seen. I mean no kidding, my life sucks. I had to resign, I had no idea what the hell was happening to me.

So back to the arrest, I read the report and it was definitely written with a poison pen. I dont know why its so exaggerated but definitely is and in fact contradictory. It seems intentionally fraudulent.

But I dont want to get into the specifics on the report.

So I blow a 0.00 of course, i fail the sobriety tests of course, I fail them in the neurologist's exams, so I am definitely going to fail them in a police station as I have ptsd, severe anxiety such that I rarely leave the house and many times leave the nearest grocery store for fear I might fall. Seriously, I was hoping that I just had a panic or anxiety disorder but the fact now is that my health outlook is grim.

Anywhere from early onset parkinsons, multiple sclerosis, huntingtons disease, lou gehrigs disease. I mean incurable stuff, die in a nursing home type stuff.
On top of it is this dui business at a time I have zero income which has delayed me in treatment aas I have to go through the charitycare to get the massively expensive brain imaging testing. Every last dime I had went to an attorney and I had to borrow money to pay rent from my elderly mother.

So I know there are some knowledgeable people here, I read several from cops- cdw* seemed to be quite helpful. I have nothing against cops as in my former town I knew several retired and they were just regular nice guys, like me and my best friend years ago was a sheriff deputy, not a very good one lol. Anyways. I guess what I am asking, what are the cops here think of my situation. Im not bs'ing my plight as this is anonymous forum so there' s no reason to gin up my health woes, I dont need to.

If someone has medical reports before and after this from neurologists stating that I have neurological impairment and the benzo was prescriped to stop at first partial complex seizures (which it wasnt) and tolerance builds rapidly and stops working, which it did, like other medications that have stopped working (like that movie AWAKENINGS w/ deniro and robin williams). Wouldn't that make the sobriety testing worthless? I mean this is like being arrested for cerebral palsy but its not impairing such like diabetes medical emergencies.

I mean the doctors know there is a big problem but it could mean 50 different diseases not good. Or it could the fact that I have had a few traumatic brain injuries to go with my ptsd, anxiety issues.

Thanks in advance and for any input and not just the police officers any input, since I cant talk much of the time (I also have tourettes now and tics). the internet is my only window to the world
~Neurology

 

[startedone]

well at least you dont have mad cow disease. Get a lawyer .... he may help you out. You sure you are OK to drive?

 

[HighwayMan]

So with this myriad of problems you're still fine to go to the store and buy beer?

 

[neurology]

well at least you dont have mad cow disease. Get a lawyer .... he may help you out. You sure you are OK to drive?

I dont have loss of consciousness, I appear intoxicated so I dont go out in public and rarely drive. And believe me, Ive looked like I had madcow, or some other prion based disease like creutzfeldt jacob disease, kuru. It is unlikely but the thought has crossed my mind such as fatal familial insomnia

 

[CdwJava]

First thing to do is to obtain an attorney. If you cannot afford one, the court should allow you to ask for a court appointed attorney at the time of your arraignment.

Your attorney can certainly look into the medical aspect of things to work out a medical defense. However, understand that putting on that kind of a medical defense may also cause the DMV to require a medical evaluation of your driving or in some way restrict your driving privilege if you have a disorder that causes you to essentially be impaired.

It is unclear to me whether you had to submit to a drug test via blood or urine. If those showed the presence of impairing drugs (like the benzos you refer to) that, coupled with your performance on the FSTs) can result in a conviction for DUI. Your attorney will have his or her work cut out for him in making a defense to this if there was a positive test for drugs.

Good luck.

 

[neurology]

So with this myriad of problems you're still fine to go to the store and buy beer?

Yes, with a veteran guide and an experienced team of sherpa to carry the oxygen tanks and gear. I manage to summit to the convenience store 1/4 mile from my place. I quit drinking 3 years ago and rarely drink since and not since my medication change after this.

I can control the right side of my body and I rarely drive anyways. Many people can drive and I have medical clearance to drive

 

[las365]

You never said in your original post that you have medical clearance to drive and your description of having seizures and uncontrollable body movement certainly warrant concern about whether you can safely operate a motor vehicle.

 

[neurology]

First thing to do is to obtain an attorney. If you cannot afford one, the court should allow you to ask for a court appointed attorney at the time of your arraignment.

Your attorney can certainly look into the medical aspect of things to work out a medical defense. However, understand that putting on that kind of a medical defense may also cause the DMV to require a medical evaluation of your driving or in some way restrict your driving privilege if you have a disorder that causes you to essentially be impaired.

It is unclear to me whether you had to submit to a drug test via blood or urine. If those showed the presence of impairing drugs (like the benzos you refer to) that, coupled with your performance on the FSTs) can result in a conviction for DUI. Your attorney will have his or her work cut out for him in making a defense to this if there was a positive test for drugs.

Good luck.

I was hoping youd reply, thanks, just a urine sample unfortunately, if I had a blood sample itd show that I had less than prescribed amouunt in my system as I didnt take anything since the night before.

The dmv already suspeneded my license for a medical b/c I said, I cant do the fst's b/c I have neurological problems and so I already went through the medical review process and had testing done after got my license back.
See thats what I dont understand, I told honestly that I have a medical condition, well documented prior to this. Taking prescribed meds as prescribed. So they reported me as under the influence and intoxicated and that I have a medical condition. Id think it would be either or. I mean they laid the foundationi for a medical defense by reporting me as having a medical condition to the dmv and suspended immediately.

My grandmother died from multiple sclerosis and it started with loss of balance and appearing intoxicated, unfortunately same as my symptoms. She'd try and cross the street and people would yell at her "GET out the road you drunk".

I am not overly concerned with the dui, its just insult to injury,I figure when I get the diagnosis Ill probably kick my bucket and checkout. This is just one more reason to do it. Reminds me of the movie about the man who goes to see his doctor and says life is cruel and unfair.The doctor says he knows a treatment. The great clown Polliaci is in town, go see, it willl cheer you up. Man says, but doctor, I am polliaci.
If at some point I am unable to drive, then Id be the first one to not take a chance but I defer to the doctors I am seeing and so far its not bad enough for them to say I cant, if they feel that way, theyd report me by law to the dmv.
As far as driving, I am not that concerned as I rarely drive as I am. I go to medical appts, thats about it.If I get to the point where Im that bad I can opt for deep brain stimulation with wires going to the problem area like a pacemaker but thats if I get charitycare.

lAS365 about not statingg the medical clearance in the first post, I think my post was too long as it is. Basically just curious as to what the viewpoint of cdw or other police and informed gentlemen as to how would they treat a person with a medical condition such as multiple sclerosis and neurological disease like cerebral palsy vs. someone in a diabetic crises.

I read an article from the UK and it basically states just about every medication increases risk of driving. Even ibuprofen, blood pressure medications like betablockers. I mean every medication can cause impairment if they have a bad reaction to it even though one wouldnt suspect driving under the influence of advil but it was all encompassing list. To follow the papers logic, everynne leaving the pharmacy could get a duii. And then another about people who are sick with cold/flu are just as likely to be in an accident as a drunk driver.
What about guys serving their country have traumatic brain injuries doing so and have ptsd, lets throw them in jail. Doesnt make sense. It seems guilty before proving I am not impaired which when they work, I actually look sober, I can speak, walk and talk better. Then meds lose effectiveness

Anyways, enough about me, how you guys doi....

 

[CdwJava]

I was hoping youd reply, thanks, just a urine sample unfortunately, if I had a blood sample itd show that I had less than prescribed amouunt in my system as I didnt take anything since the night before.

Understand that one can be impaired even on a prescribed amount. The onus is on the person taking the medication to understand its effects on them. It is not a defense to DUI to have consumed only the prescribed amount because even that could - and likely will - result in impairment.

See thats what I dont understand, I told honestly that I have a medical condition, well documented prior to this. Taking prescribed meds as prescribed. So they reported me as under the influence and intoxicated and that I have a medical condition. Id think it would be either or. I mean they laid the foundationi for a medical defense by reporting me as having a medical condition to the dmv and suspended immediately.

They are essentially two different issues. You have to be medically capable of safely operating the motor vehicle while UN-impaired, and cannot operate it while impaired. The medical evaluation would simply have said that when not under the influence your condition should not negatively effect your ability to safely operate a motor vehicle. it does not grant you a pass to drive with impairing medication in your system.

I am not overly concerned with the dui, its just insult to injury,I figure when I get the diagnosis Ill probably kick my bucket and checkout.

NOTHING is that bad. If you are having these thoughts and feelings, I STRONGLY urge you to speak to a professional to get a better perspective on things. There are many reasons to live, and few reasons (aside from selfish ones) to "checkout." Please get some help.

 

[arsenic]

The "driving is a privilege not a right" mantra is so engrained now that basically the DMV functions as a parallel judicial system whereby it can suspend licenses for missed child-support, unpaid taxes, and anything else legislators want to add. For DUI's , though any medication can do anything, it is highly unlikely that NSAID's, or beta-blockers, or most meds will lead to a conviction. The police and prosecutors are mostly interested in recreational drugs (including alcohol) and narcotics and benzos even if prescribed.

In your case, since you were taking a benzo, they will have to show that your impairment is due to your medication rather than your medical condition. It is complicated enough that you should get a lawyer.

About facing an uncertain future with severe disabilities? You should talk to your neurologist, other specialists, or close ones. Not to be patronizing, but it is all worthwhile - looking at a sunny day, having a cup of coffee, seeing a pretty woman. We all finish eventually; there is no point to hurry it along.

 

[justalayman]

In your case, since you were taking a benzo, they will have to show that your impairment is due to your medication rather than your medical condition. It is complicated enough that you should get a lawyer.
.

actually, no, they wouldn't. A perfectly sober and clean (without any drugs) person can be found to be impaired. It has nothing to do with what one has ingested (although that usually makes it easier) but whether the driver is impaired to the extent it is unsafe for them to drive.

I don't see a state mentioned so I am not going to chase multiple state's laws to address the situation in respect to the state's laws.

 

[arsenic]

actually, no, they wouldn't. A perfectly sober and clean (without any drugs) person can be found to be impaired. It has nothing to do with what one has ingested (although that usually makes it easier) but whether the driver is impaired to the extent it is unsafe for them to drive.

I don't see a state mentioned so I am not going to chase multiple state's laws to address the situation in respect to the state's laws.

The Op never said (AFAIK) why he was stopped. Of course he could have been impaired with no detectable drugs on board: that is obvious. He said he had a medical clearance to drive, so absent the benzos it would be very difficult to hit him with a DUI.

 

[justalayman]

The Op never said (AFAIK) why he was stopped. Of course he could have been impaired with no detectable drugs on board: that is obvious. He said he had a medical clearance to drive, so absent the benzos it would be very difficult to hit him with a DUI.

Dui, yes, impaired driving, no. Regardless what the doctor states, if the OP drives in an unsafe manner or appears to be impaired, then he can be ticketed. His medical condition, doctors blessing or not, does not allow him to drive if he is unsafe.

 

[arsenic]

Dui, yes, impaired driving, no. Regardless what the doctor states, if the OP drives in an unsafe manner or appears to be impaired, then he can be ticketed. His medical condition, doctors blessing or not, does not allow him to drive if he is unsafe.

True, but I'm pretty sure that absent the benzos, he will not get a DUI with letters from his neurologist.

On a practical level, the OP is prob. worrying about other matters, and we should give this a rest.

 

[neurology]

Understand that one can be impaired even on a prescribed amount. The onus is on the person taking the medication to understand its effects on them. It is not a defense to DUI to have consumed only the prescribed amount because even that could - and likely will - result in impairment.


They are essentially two different issues. You have to be medically capable of safely operating the motor vehicle while UN-impaired, and cannot operate it while impaired. The medical evaluation would simply have said that when not under the influence your condition should not negatively effect your ability to safely operate a motor vehicle. it does not grant you a pass to drive with impairing medication in your system.


NOTHING is that bad. If you are having these thoughts and feelings, I STRONGLY urge you to speak to a professional to get a better perspective on things. There are many reasons to live, and few reasons (aside from selfish ones) to "checkout." Please get some help.

Thanks for your help Cdw, actually it is that bad apart of this legal stuff. If you lived with constant pain and spasms, unable to talk most of the time, wife cant handle watching me and cried all the time and cursed God for doig this to me. I made her file for divorce.
And yeah, I have been seeking psychiatric help. They were the ones saying this was a neurological problem not a psychiatric problem but I do see a counselor and therapist provided by the state after a near complete seppoku. Damn frustrating this Groundhog day bizness lol.

I guess I am just holding on to see if there is a pill or combination of medicine that will put me back to the way I was. I used to military press 225 (ok it was on a smith machine, but it looks crazy strong). And ran 6 miles every day. Now my left side of my body that I cant control has atrophied in jello. I mean it cant get much worse. Even if the charges get dropped which I was told they would be AND I win the lottery. What good does that do for a cripple?

Ok enough of feeling sorry for myself. I only went and got beer b/c of the sudden death of my father a few days before and I get a dui and I never leave the house. See what I mean? I guess it's like the Book of Job
Anyways, like I said, this dui business is not my main concern with everything else going on.

I have to divorce my wife, she was the one that said she wants to die. She makes 30,000 a year I have zero income but were above the poverty cutoff for help. I fall in the cracks. We divorce, I can get some help and lets her off the hook before she is hospitalized herself. But yeah I get the good karma you are sending. Many days I am bedridden, where as 18 months ago I was the most social person. Now I look out the window to make sure no one sees the freak as I leave. Stumble a mile in my shoes and tell me nothing is that bad. Did I mention it is extremely painful and every cell screams out if I try and control the involuntary movements. And get this, pain medications such as vicoprofen make it worse, a paradoxical effect. And the benzos did not help, and they actually doubled them after this ticket.

Not directed to you, the only reason I posted this thread as I read your posts in other threads which seemed completely logical and well thought out and a few other posters as well who werent snarky. but what's the point of taking a man with debilitating, disabling disease and charge him duii? I understand a foul vs. a flagrant foul vs a fragrant fowl an ill eagle vs. illegal.
But dang, this whole I did this and this and he said this and this. Although I do not speak well and I have diagnosed retrograde amnesia. I remember this and the stuff that was written was weirdly not conveying the truthness of the situation. I explained I have a medical illness, I explained that I went to the store to buy beer and drink it in my own apartment and I explained that I have a neurological disease etc...

All of that is omitted, only bits and pieces that damns me, rather than putting into the context. It's like asking how often do you beat your wife?

I guess I am asking, why would police officers, dealing with a person with a disease that I have no control over, misrepresent or omit exculpatory statements and replace them with statements I never said. It states that I said I was an alcoholic. Im not and never would say I am an alcoholic. I discussed medicines that can prevent people who are alcholics to turn down the craving center of the brain. I have written papers on this and stated unequivocally that people who overconsume alcohol, in my terms etoh, is a disorder of the reward system of the brain. Which can be treated with the use of petscans and other testing. We can certainly turn off the craving center of the brain for drugs or alcohol.
I dont subscribe to alcholism model and its stigma, nor do I believe that it is a failure of moral ability. It is quite certainly, if you put aside political and social beliefs, its a brain disorder and can be cured through the use of medications.

The brain receptors like all receptors are chemically attracted to turn on or off system. The GABAa system decreases neurosynaptic activity, alcohol, xanax or benzos fall in the category. GABAb receptors have, according to the National Institutes of health are proven to not be addictive, cause any level of impairment and no abuse potential.

The fact that I have been prescribed high dose GABAb agonists, means that the effects of GABAa agonists are quite limited. Hence, they do not work on me. It has minor effects, but if you look it up, there is a note of transient drowsiness. But it last 2 weeks at best and I have been on it for years. It is THE single best drug to turn off a person's reward center of the brain.

But what I am struggling with, is the state vs. MOI, me, I do not know the qualifications of the DRE specialist or the officers and their aptitude in assessing neurologically patients. When I have neurologists before and after, saying I HAVE to go to specialists as they know something is wrong. Try having the left side of your body dying and loss of control on video. Then to say, I cant do the fsts is evidence of guilt of driving under the influence. Its maddening. I have been inspected at work at times when I have been a year without a single drop of alcohol. Made to sit with people for observation while I said, just take a blood test, i am not under the influence. This is at work. The woman said, my exhusband was an alcoholic, I know you havent been drinking, Id smell it by now.

Its just well, my fat luck. Perhaps God has a plan for me, or proving a point with satan like the book of Job tells.

But I am a righteous person, I have good in my heart, I used to greet people with a smile and sincerity. Now I am just a useless shell of emptimess. Its hard not to give up my man. When I was the biggest fastest, strongest and now I am just a bedridden piece of ****, what good am I? You could be a mat, a bob, remember those jokes.

Oh well, sorry for the blant rant, back to my sarcophagus bed

Cheers