DUI issued but NO alcohol or impairing drugs.... I think.

[Lane-L]

What is the name of your state? What is the name of your state? North Carolina

I was pulled over for tail light being out. And let me say, I'm a very frazzled person and get confused under a lot of pressure. I made a lot of mistakes out of the gate; I got out of the car, I backed up because the officer was so far behind me, I called a friend while sitting waiting in the car. All of this frustrated the officer quite a bit. Then they began asking for information and I was a wreck trying to talk. They asked me to do a field sobriety test which I believe I failed because it was impossible even being sober. I asked to blow in a breathalyzer or cognitive type test. They said no. Full disclosure, I have two previous DWI's and have lost my license, but I learned my lesson and do not drink and drive. My license was suspended still so I am guilty of that. I'm a good person and haven't ever done drugs not even pot. But, I have had drinking issues and struggled with depression from my son committing suicide a couple years ago.

I take focalin (essentially adderal) a half dose, Lamotrigine (anti-anxiety), gabapentin (chronic pain, not a narcotic), escitalopram (depression), Buspirone (anxiety).
None of these are impairing meds. I have had a long medical history of issues with nutritional deficiencies, anxiety, depression, and extreme nausea. I knew when he asked me to do a field sobriety that it wouldn't go well.

The officer took me to a test station type place on the way to the detention center for a blood test. They didn't explain things to me but I assume they thought I was taking drugs that could impair my driving. This was a few weeks ago and I haven't received a copy through the mail. I hired a good lawyer and he's trying to get a copy of the blood test.

My lawyer is going to represent me at court on Oct 6 for a not guilty plea, as all the medication isn't impairing. Although I'm freaking out and now trying to figure out what I need to do to help my situation. A good friend recommended I take to the forums to get support and educate myself. Thank you for reading!

 

[Zigner]

What is the name of your state? What is the name of your state? North Carolina

I was pulled over for tail light being out. And let me say, I'm a very frazzled person and get confused under a lot of pressure. I made a lot of mistakes out of the gate; I got out of the car, I backed up because the officer was so far behind me, I called a friend while sitting waiting in the car. All of this frustrated the officer quite a bit. Then they began asking for information and I was a wreck trying to talk. They asked me to do a field sobriety test which I believe I failed because it was impossible even being sober. I asked to blow in a breathalyzer or cognitive type test. They said no. Full disclosure, I have two previous DWI's and have lost my license, but I learned my lesson and do not drink and drive. My license was suspended still so I am guilty of that. I'm a good person and haven't ever done drugs not even pot. But, I have had drinking issues and struggled with depression from my son committing suicide a couple years ago.

I take focalin (essentially adderal) a half dose, Lamotrigine (anti-anxiety), gabapentin (chronic pain, not a narcotic), escitalopram (depression), Buspirone (anxiety).
None of these are impairing meds. I have had a long medical history of issues with nutritional deficiencies, anxiety, depression, and extreme nausea. I knew when he asked me to do a field sobriety that it wouldn't go well.

The officer took me to a test station type place on the way to the detention center for a blood test. They didn't explain things to me but I assume they thought I was taking drugs that could impair my driving. This was a few weeks ago and I haven't received a copy through the mail. I hired a good lawyer and he's trying to get a copy of the blood test.

My lawyer is going to represent me at court on Oct 6 for a not guilty plea, as all the medication isn't impairing. Although I'm freaking out and now trying to figure out what I need to do to help my situation. A good friend recommended I take to the forums to get support and educate myself. Thank you for reading!

You have an attorney. You should be asking these questions of your attorney.

With that said, even if you beat the DUI, you're nailed for driving on a suspended license. You are NOT SUPPOSED TO BE DRIVING.

 

[Just Blue]

What is the name of your state? What is the name of your state? North Carolina

I was pulled over for tail light being out. And let me say, I'm a very frazzled person and get confused under a lot of pressure. I made a lot of mistakes out of the gate; I got out of the car, I backed up because the officer was so far behind me, I called a friend while sitting waiting in the car. All of this frustrated the officer quite a bit. Then they began asking for information and I was a wreck trying to talk. They asked me to do a field sobriety test which I believe I failed because it was impossible even being sober. I asked to blow in a breathalyzer or cognitive type test. They said no. Full disclosure, I have two previous DWI's and have lost my license, but I learned my lesson and do not drink and drive. My license was suspended still so I am guilty of that. I'm a good person and haven't ever done drugs not even pot. But, I have had drinking issues and struggled with depression from my son committing suicide a couple years ago.

I take focalin (essentially adderal) a half dose, Lamotrigine (anti-anxiety), gabapentin (chronic pain, not a narcotic), escitalopram (depression), Buspirone (anxiety).
None of these are impairing meds. I have had a long medical history of issues with nutritional deficiencies, anxiety, depression, and extreme nausea. I knew when he asked me to do a field sobriety that it wouldn't go well.

The officer took me to a test station type place on the way to the detention center for a blood test. They didn't explain things to me but I assume they thought I was taking drugs that could impair my driving. This was a few weeks ago and I haven't received a copy through the mail. I hired a good lawyer and he's trying to get a copy of the blood test.

My lawyer is going to represent me at court on Oct 6 for a not guilty plea, as all the medication isn't impairing. Although I'm freaking out and now trying to figure out what I need to do to help my situation. A good friend recommended I take to the forums to get support and educate myself. Thank you for reading!

sigh...

The only person you should be discussing your criminal case with is your attorney.

Whomever told you it was a good idea to post about your criminal case on the internet is a nitwit.

 

[quincy]

I am sorry about your son. It is not unusual to experience severe depression after the death by suicide of a loved one.

There is one thing that stands out in your story. You hired a good lawyer. That was smart.

Your lawyer will look at the original traffic stop, the field and blood tests that were administered, the test results, your past history ... and he will work with what he learns to get you the best possible outcome.

If you have any questions, these questions are best answered by your attorney and not by strangers on the internet. Your attorney not only knows the laws of your state and probably knows the prosecutor and the judge, your attorney also has access to all of the facts. Rely on him.

 

[Taxing Matters]

When you are pulled over by the cops sit there and take a few slow deep breaths. That should help with suddent anxiety spike and may help you to think a bit more clearly. All the drugs you are taking for anxiety and depression are long term solutions for chronic anxiety and depression. That doesn't help you when you are suddenly put into a high stress anxiety situation. But taking the time for a few deep breaths can help at least a bit.

The best advice I have heard for dealing with a traffic stop is to stay in your car, lower the window a bit so you and the officer can talk, and keep your hands on the steering wheel or otherwise in plain view of the cop. You have to identify yourself in most states, but beyond that don't talk to the cop other than to say you are exercising your right to remain silent. That will annoy the cop a bit too, but it's a lot better than talking a lot and saying things that might incriminate you. There is really nothing you can say that will help you in most of these situations anyway. If asked to do the field sobreity test (FST), in most (and perhaps all) states that is not required and it can't help you, but you certainly can be hurt by it. I can't pass a FST cold sober. And the anxiety of the stop would make it worse. I'd refuse the FST too. Refusal cannot be considered an admission of guilt.

If you are asked to do the blood or breath test that's required in pretty much every state as a result of implied consent laws. If you know you have no alcohol or drugs that cause impairment those tests can help you. If you will come up positive, even for a small amount, you have to make a choice between violating the implied consent law, which typically ends up with a fine and loss of your license for some period of time, or consenting and possibly get charged with a DUI. In my state it's six months for refusing consent. In my state you lose the license for 6 months for the first time you refused consent for those tests. That can still be better than getting hit with a DUI or related charge.

These are just general tips and not specific to your state. You really need to know it works in your state. I recommend you speak to a DUI attorney to ask how best to deal with police traffic stops. If you end up getting charged with an offense from this incident (and driving without a license is a likely one) you can ask your attorney about those tips.

Those are tips to use after you get your license back. Until then don't drive. It is illegal to drive without a license and getting repeatedly cited for that can lead to some jail time and a revocation of your license.

 

[quincy]

Following is a link to the North Carolina Courts with some basic information that can be helpful to know before you go to court. Your attorney will probably fill you in on most of this.

https://www.nccourts.gov/going-to-court/going-to-court-basic-information

The more you know about what generally happens during a court appearance, the less anxious you are apt to be.

 

[zddoodah]

You have an attorney. You should be asking these questions of your attorney.

What questions? I don't think the OP asked a single question.

 

[Zigner]

What questions? I don't think the OP asked a single question.

Agreed - but it's obvious the OP has questions, even if said questions were not posted here

 

[commentator]

Given what we have found out about the poster on this forum, that they're talking and they can't shut up, I think the best possible advice on what to do if stopped by the cops is going to sail right over this poster's head, as will everything else including their own lawyer's advice. However, it comes down to that this person SHOULD NOT have been driving. When I see the list of meds this person is on, which even though they claim none of them are (by themselves) impairing medcations, when taken in a bunch, they very well could be. I would say that they should not have been driving even if they had a valid driver's license.

Get some counseling, listen to your lawyer, do what they tell you to do, do not harrass the attorney constantly by demanding reassurance before and during your case (they might fire you!) and do not drive anymore until you are both fully legal and in better command of yourself, regardless of the outcome of this situation. The penalties for two DUI's and a driving without a license, not to mention another possible DUI are severe enough that it is possible you may not be driving legally again for a very long time. Accept this and find other ways to get around.

 

[quincy]

What is the name of your state? What is the name of your state? North Carolina

... A good friend recommended I take to the forums to get support and educate myself. Thank you for reading!

What questions? I don't think the OP asked a single question.

Lane-L said that s/he was here for support and education. We are not a support forum, of course, but we can generally help to educate a poster about their legal concerns. That is a perfectly legitimate use of this forum and forum members’ time.

Because s/he has an attorney already, however, the best education Lane-L can get will be from this attorney. The attorney can tell Lane-L what s/he faces and what the possible, and likely, outcomes will be. Lane-L should be completely open and honest with the attorney but should not discuss what happened with friends or on the internet. To talk too much can be detrimental to him/her and can make it harder for the attorney.

 

[Litigator22]

Lane-L said that s/he was here for support and education. We are not a support forum, of course, but we can generally help to educate a poster about their legal concerns. That is a perfectly legitimate use of this forum and forum members’ time.

Because s/he has an attorney already, however, the best education Lane-L can get will be from this attorney. The attorney can tell Lane-L what s/he faces and what the possible, and likely, outcomes will be. Lane-L should be completely open and honest with the attorney but should not discuss what happened with friends or on the internet. To talk too much can be detrimental to him/her and can make it harder for the attorney.

No doubt that you could talk the birds out of the trees. But here you are a bit short on trees and birds.

 

[quincy]

No doubt that you could talk the birds out of the trees. But here you are a bit short on trees and birds.

I blame climate change.

 

[Litigator22]

I blame climate change.

Sure, blame it on the weather. That hapless field of science is taking more hits these days than a Cinco de Mayo piñata! If it don't get better soon, meteorologists will be incurring more scorn that we poor, undeserving, lawyers.

 

[quincy]

Sure, blame it on the weather. That hapless field of science is taking more hits these days than a Cinco de Mayo piñata! If it don't get better soon, meteorologists will be incurring more scorn that we poor, undeserving, lawyers.

Doubtful.

 

[not2cleverRed]

Sure, blame it on the weather. That hapless field of science is taking more hits these days than a Cinco de Mayo piñata! If it don't get better soon, meteorologists will be incurring more scorn that we poor, undeserving, lawyers.

They don't already?!