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DUI and I was sober??? wth??

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gurl33

Junior Member
I am from a small town, don't think it will go to trial but I have a friend of a friend who is a pharmacist...maybe she can testify on my behalf, idk.

Test results are not back yet so I am hoping there will low enough amounts to deem me not under the influence and this will be dropped.

If the test does come back I had a high level (don't know how this could be since I had had one 6 hrs prior and had lots and lots of water) hopefully I can plea down since I didn't intentionally intoxicate myself on purpose.

My doctor never told me not to drive on them and neither did either pharmacy I use. Obviously, taking more than prescribed is going to mess a person up but in my situation I took less than prescribed and I took them for pain not to get high.

If this does actually go anywhere and I do get convicted I think it would cause quite a stir for anyone who takes prescription meds and drives. I would think this could be quite a lawsuit against the FDA or the pharmacy..i don't know.
 


CdwJava

Senior Member
It will come down to the observations of impairment coupled with the presence of drugs in your system. The pharmacist would be of little help. About all he could do is say that it might not impair some people ... which still doesn't m,ean it was reasonable to assume it would not impair you.

Good luck suing the FDA. They did not make anyone drive and they never told anyone it was okay to drive when taking their medication.

In any event, listen to your attorney. If the officer is half way decent at his job and can articulate the objective signs of impairment, the state may well have a good case - even if the officer is an unlikeable lout.
 

justalayman

Senior Member
If this does actually go anywhere and I do get convicted I think it would cause quite a stir for anyone who takes prescription meds and drives. I would think this could be quite a lawsuit against the FDA or the pharmacy..i don't know.

. If you are impaired, the driver is the person liable. Not the FDA; not the drug manufacturer; not the pharmacist. It's called being responsible for one's own actions. Read the associated literature and the labels on the bottles.

and your pharmacist friend; no idea what you think she could testify to. She would likely hurt you more than anything, after all, she would be required to testify truthfully. She knows the drugs you were taking can be serious problems when driving.
 

CdwJava

Senior Member
I can certainly tell you two are prosecutors...haha!!
Nope. I work for a living.

I am also an FST instructor and have never lost a DUI case. None of which means much in your instance.

But, again, it all comes back to the objective signs of impairment and the positive test. If the officer comes off as credible, then the prosecution will win. If the officer comes off as a doofus, then the jury may not buy into his opinion.

Most DUIs plead out. Yours probably will, too. If not, then make sure you hire an attorney well-versed in DUI law in your state.
 

gurl33

Junior Member
I don't see how someone who takes drugs on purpose to get high vs myself who took less than prescribed for pain are comparable. Have a hard time believing a jury won't sympathize with my story, especially since some of them will likely have taken prescription meds themselves. I doubt it will go to trial anyway, our small town is limited on funding and everyone knows everyone too. After being out for 2 months already, I know I definitely don't want to miss more work over this.

Something does have me thinking, if you are arrested on a weekend does your urine sample sit in the jail till Monday and then get shipped off? How long can urine sit before it's results become invalid?
 

justalayman

Senior Member
gurl33;2740790]I don't see how someone who takes drugs on purpose to get high vs myself who took less than prescribed for pain are comparable
. because the drugs do not differentiate the reason for taking them. The effects are the same.

Have a hard time believing a jury won't sympathize with my story, especially since some of them will likely have taken prescription meds themselves.
jury nullification is always a possibility. I wouldn't depend on it though.

I doubt it will go to trial anyway, our small town is limited on funding and everyone knows everyone too.
that may have an affect although it always seems there is enough money to try people for crimes.
 
If the insert for the drug(s) are allowed into evidence, then I think that the OP will lose w/o an expert witness on her side.

She cannot afford not to have an expert witness...
 

velophile

Junior Member
The cop told me on the way to the jail that I seemed like a nice girl and that it seemed to him i had got caught up and did something (like take a bunch of pills or snort cocaine) that I didn't normally do.
This is called giving you an out. It's a tactic used to get you to admit to a crime by mitigating the circumstances. Anything you say can and will be used against you.
 

gurl33

Junior Member
I told him I was a nice girl and he was sadly mistaken...lol...lawyer called up to ask about my case and they didn't even have any record of it at the courthouse...still awaiting court date and urinalysis results. I am keeping positive thoughts and leaving this in my lawyers hands. I am hoping it will be dropped =)...(fingers crossed)
 

jamonit3333

Junior Member
Get a lawyer now

Depending on how low the results of the urinalysis were, you may be able to dismiss the certificate. If they're really high, you may still be able to do this, but these things really depend on what instructions your doctor gave you (can you drive or not) and if there are any warnings on the medication, themselves. I've been told that urinalysis and blood tests are more accurate than the breathalyzer, so disputing their findings may not be possible, but you'd have a strong case if you were told you can drive and the medication does not have a warning. Plus, you should be able to testify as to how long ago you took the medication in reference to when you were arrested, but the urinalysis may dispute that if the results were pretty high (though other factors can be an issue, such as an empty stomach and your height/weight and the effects on the medication/absorption and elimination rates). However, if you were told you could drive and you can prove that, they may throw this out. That would mean the only evidence the prosecution has is your behavior according to the cop and others around that night/morning. You mentioned you didn't have any field tests, so it will be a matter of whatever else the cop observed- were you weaving? Did you go through a stop light or red light or make a bad turn? Were you speeding? Why did you get pulled over? (By the way, going through a stop light or red light or speeding is harder to deal with in court). The court looks at your vehicle as a weapon, so if you didn't commit any violations, it's better.

If you haven't done so, get a lawyer immediately. Make sure they specialize in DUI cases and have had other cases similar to yours. Make sure they have at least decent success rate in cases like yours.

You may have to hire an expert witness- your lawyer may suggest this. Hopefully they're someone the lawyer has used before that has a good success rate and is an expert in a few fields such as an MD trained on the machines they use to test urine, who also has some law background and knows the system. Start gathering your medical records. You'll have to physically go in to sign release forms to get copies of your records. If your doctor told you that you can drive while taking the medication, your lawyer should ask to get a statement from them (or come in to testify).

Were you with anyone or did you talk with anyone that can testify as to your state of mind, tiredness, or general behavior just prior to driving? They may be asked to come in to testify for you at the trial, as well.

Based on all this, you may be able to get this knocked down to a reckless driving charge. There are still issues with that- possible suspension/restriction of driving, fines, it's on your record, you may have to file a SR22 or FR44 with your insurance company/DMV, etc., which can be expensive and be required for three years or more. Or maybe your case is strong enough (ie medication is okay to drive with or your urinalysis results were so low and you can effectively dispute the cop's testimony as to your behavior that night/morning) that you can get this dismissed. But definitely start with a lawyer- immediately. Once you contact counsel, you can get a statement from them with their available court dates. You'll still have to go in for your initial court date and you'll go in front of the judge to tell them you obtained counsel and here are their available dates (the lawyer should file a copy of this letter, but take one with you- don't trust that the judge will be provided a copy). They'll reschedule your trial for whatever date the lawyer and prosecuter and cop can make.

And when you go to court, dress professionally and don't act guilty. The judge will be looking at your demeanor and you want him/her to like you. Keep in mind, too, that the judge will tend to take the cop's word about your behavior at the time of arrest as the truth, so you'll have to show that his/her observations were the result of your tiredness/stress and not intoxication.

I just had my trial on Tuesday. I hired a lawyer and he had me hire an expert witness and thank God I did this because I would have been facing a much more serious charge. I was able to get my BAC certificate thrown out (I had a breathalyzer) because of a medical condition that is known to affect the results of the test. My witness was an MD, a lawyer, and certified/trained on the equipment used for testing as well as field sobriety tests. I was still convicted, but of a lesser charge. It was well worth the money and my lawyer let me pay in installments, which helps because not everyone has that kind of money sitting around.

Good luck to you. You're not alone even though I'm sure that's how you're feeling right now.
 

jamonit3333

Junior Member
Get a lawyer immediately

Depending on how low the results of the urinalysis were, you may be able to dismiss the certificate. If they're really high, you may still be able to do this, but these things really depend on what instructions your doctor gave you (can you drive or not) and if there are any warnings on the medication, themselves. I've been told that urinalysis and blood tests are more accurate than the breathalyzer, so disputing their findings may not be possible, but you'd have a strong case if you were told you can drive and the medication does not have a warning. Plus, you should be able to testify as to how long ago you took the medication in reference to when you were arrested, but the urinalysis may dispute that if the results were pretty high (though other factors can be an issue, such as an empty stomach and your height/weight and the effects on the medication/absorption and elimination rates). However, if you were told you could drive and you can prove that, they may throw this out. That would mean the only evidence the prosecution has is your behavior according to the cop and others around that night/morning. You mentioned you didn't have any field tests, so it will be a matter of whatever else the cop observed- were you weaving? Did you go through a stop light or red light or make a bad turn? Were you speeding? Why did you get pulled over? (By the way, going through a stop light or red light or speeding is harder to deal with in court). The court looks at your vehicle as a weapon, so if you didn't commit any violations, it's better.

If you haven't done so, get a lawyer immediately. Make sure they specialize in DUI cases and have had other cases similar to yours. Make sure they have a decent success rate in cases like yours.

You may have to hire an expert witness- your lawyer may suggest this. Hopefully they're someone the lawyer has used before that has a good success rate and is an expert in a few fields such as an MD trained on the machines they use to test urine, who also has some law background and knows the system. Start gathering your medical records. You'll have to physically go in to sign release forms to get copies of your records. If your doctor told you that you can drive while taking the medication, your lawyer should ask to get a statement from them (or come in to testify).

Were you with anyone or did you talk with anyone that can testify as to your state of mind, tiredness, or general behavior just prior to driving? They may be asked to come in to testify for you at the trial, as well.

Based on all this, you may be able to get this knocked down to a reckless driving charge. There are still issues with that- possible suspension/restriction of driving, fines, it's on your record, you may have to file a SR22 or FR44 with your insurance company/DMV, etc., which can be expensive and be required for three years or more. Or maybe your case is strong enough (ie medication is okay to drive with or your urinalysis results were so low and you can effectively dispute the cop's testimony as to your behavior that night/morning) that you can get this dismissed. But definitely start with a lawyer- immediately. Once you contact counsel, you can get a statement from them with their available court dates. You'll still have to go in for your initial court date and you'll go in front of the judge to tell them you obtained counsel and here are their available dates (the lawyer should file a copy of this letter, but take one with you- don't trust that the judge will be provided a copy). They'll reschedule your trial for whatever date the lawyer and prosecuter and cop can make.

And when you go to court, dress professionally and don't act guilty. The judge will be looking at your demeanor and you want him/her to like you.

I just had my trial on Tuesday. I hired a lawyer and he had me hire an expert witness and thank God I did this because I would have been facing a much more serious charge. I was able to get my BAC certificate thrown out (I had a breathalyzer) because of a medical condition that is known to affect the results of the test. My witness was an MD, a lawyer, and certified/trained on the equipment used for testing as well as field sobriety tests. I was still convicted, but of a lesser charge. It was well worth the money and my lawyer let me pay in installments, which helps because not everyone has that kind of money sitting around.

Good luck to you. You're not alone even though I'm sure that's how you're feeling right now.
 

gurl33

Junior Member
Thank you so much for your advice...I did hire a lawyer IMMEDIATELY. I am hoping when I go to court that the test results are so low that it gets thrown out. The cop says I ran a stop sign..I did a rolling stop to turn right, used my turn signal and had my seat belt on. I didn't stop 3 seconds but I didn't blow it either. Everyone in town says this cop is a jerk, I was pissy with him and it resulted in a DUI. I have witnesses, who can testify my behavior that night...I was just tired...it was 3am and I had been up for 21 hrs straight. Had nothing to drink..Dr never told me I could not drive on the meds, the insert and the bottle just say drive with care and may cause drowsiness or dizziness and alcohol will greater the effects.

I did read while doing research that the Lyrica can make a person emotional and have erratic behavior...I don't know that it has ever made me that way but when a person is sleep deprived and has medication who's to say how they are going to act.

I had 2 5mg hydrocodones the entire day...last one at 9pm and I was pulled over at 3am..I had just eaten and drank probably at least a half gallon or more of water. I would say the content of the meds in my system at that point would be little.

my court date is not for another week or so.

In no way am I an addict...just an average educated working girl who broke her foot and has a bad temper..haha...(tryin to have a sense of humor in it all)

I will plea down to a reasonable charge just to save time and money. I am not poor but I don't have a lot of money to throw at this either.

Thanks again for your reply.
 
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