URGENT!!! Scary DUI I didn't even know about! Court day after tomorrow!

[aubreyz]

What is the name of your state (only U.S. law)? WA

Last April, I had taken prescription Ambien and actually found to be sleep-DRIVING at 4am. An officer pulled me over near my home. Until he got me out of the car, I felt as if this was all a very scary, vivid dream. I told the officer what I had taken, and he took me to the hospital ER 2 blocks away for a blood test. I tested negative for any other prescription or illegal drugs, so the officer gave me a ride home and asked to see the prescription to ensure it was in my name, etc. He told me I was REALLY lucky; he wasn't going to arrest me or write me a ticket. I was surprised yet relieved. I was moving 6 hours away in a few days. I was given an incident report detailing what had happened and what to do about picking up my car. The following week I checked court records and ticket information at our courthouse and online and found nothing. The next month, I also obtained a copy of my driving record for new insurance. No mention of a DUI there, either. Meanwhile, I am in the process of filing for divorce. I went to the court website this morning to look up my divorce case #, and there, lo and behold, is a case for "criminal traffic" "DI" (driving intoxicated) that had been posted on 8/13/09, four months after the fact! I called the court to try to clear things up or see what I needed to do, and I was lucky I did--when they returned my call this afternoon, I found out that I am already scheduled for arraignment the day after tomorrow at 9am, with no way to reschedule! I do not have an attorney lined up, I don't have any idea what I should plead, and I don't have any of the records I would want to present. I have to get on a plane tomorrow afternoon, and I was told that I will have a public defender assigned to me. However, it will be an "attorney of the day", so not someone with whom I can plan ahead more than 15 minutes in advance, they said.
How did this happen? What should I bring to court? As I was shuffled around to different offices and phone extensions today, I heard everything from "they'll probably drop it for taking so long" to "you're looking at a minimum of 24 hours in jail" to "you'll probably have to stay in the county until your trial." One lady told me that my bail was set at $500. Does this mean I'll have to pay a percentage of this to stay out of jail tomorrow? Help-I'm freaking out! I am 32 years old, and I have never been to court for anything in my life, nor have I ever had a traffic violation...

 

[HighwayMan]

Hard to believe you were never served with any type of appearance ticket. Maybe you were so wasted that you don't remember??

If it's an arraignment then plead not guilty, you will get a trial date. Then you'll have plenty of time to find a lawyer.

 

[aubreyz]

No, it's not possible. I shouldn't expect you or anyone else to know what it feels like to take Ambien if you have not, but I was not "wasted"; Ambien does not feel like alcohol. I was actually asleep, like if someone were sleepwalking or had night terrors. In fact , the officer commented that he never would have guessed how well I performed my field sobriety test, and that it must have been because I had be "woken up" by the sirens/lights, etc. We talked all the way to the hospital, and talked all of the way home. My now ex-husband was there and got up when the officer brought me home, and talked with the officer and I about where to pick up my vehicle in the morning. it was close to 2 hours time we talked, drove around, etc. I was given an incident report on which a box was checked that said "Warning. Citation not issued."

Someone else messaged me to say that it's not the officer, but a prosecuting attorney who makes the final call here in Washington. Apparently even if an officer feels it's unwarranted, he/she still has to report the incident to them for a final decision, and they can take a long time to do so. I guess if it comes from them, they issue a summons, not a ticket, and it would not have been forwarded with the rest of my mail since it was from the government. Ugh.

I guess that I will go ahead and plead guilty, even though I feel weird about it. It was suggested to me that the hospital might have tossed the blood sample since it's been over 3 months. I guess that would make it so my own team couldn't test the blood, thereby invalidating that evidence. I don't know if this is true or not...

I guess what I'm most worried about is bail. I've had a few unexpected things come up this month, and after paying for transportation for this trip and some unexpected legal fees with my divorce, I only have about $38 to my name until Friday. Yes, this includes savings, property titles, and credit cards. I can't touch some of these things until they are divided in the divorce, so my hands are tied til pay day. Is it likely that I will be held in that county or sent to jail? My bail is currently set at $500, I'm told.

 

[CdwJava]

If Ambien is seen as the proximate cause of your impaired driving, then you were driving impaired (i.e. DUI). All because that was not your intent, this does not absolve you of the responsibility.

The state has to prove your impairment. If the officer's observations are sufficient to show you were impaired (and being so out of it that you were "sleep driving" qualifies as impaired, I imagine), then that could be sufficient for a conviction.

The fact that the blood test may not have discovered Ambien may not be conclusive as I doubt a standard screen tests for it. But, if it did, and they found none, this excuse could go out the window.

In any event, before you plead guilty, perhaps you should consult a local attorney or request a public defender when you are arraigned.

- Carl

 

[HighwayMan]

Don't plead guilty. While I have little sympathy for you since you placed yourself and others in danger by "sleep driving", you should plead not guilty at arraignment and get an attorney - this way you can stand a good chance of at least being treated fairly.

 

[aubreyz]

Hey All,

Perhaps I differ from the average person posting a question here, but I am not asking for sympathy, nor am I claiming in any way that I am not responsible because I was asleep. I took the drug, therefore I am responsible. The fact that I could have harmed others or myself scares me to death, and I will never take the drug again. I suppose by posting the details of what I was taking, where I was, etc, I was simply trying to post ALL of the facts, so that I didn't get responses asking what I was on, how much, why I thought it was ok to do blah blah blah...

My questions were regarding the procedures after the incident. My biggest concern being this: if I plead "not guilty" tomorrow, how does the $500 bail apply, and am I going to be held in jail until my trial, or have certain restrictions about driving or going back home to the city in which I live?

 

[aubreyz]

Also, I was tested for Ambien (zolpidem) at the hospital. I know it's not in a standard panel, but they ran an extended panel to cover drugs in the category of what I had taken.

 

[CdwJava]

The court can choose to continue bail, increase it, or even return your bail and release you on your own recognizance (as appropriate under state law). What they WILL do, no one can say.

- Carl

 

[CdwJava]

Also, I was tested for Ambien (zolpidem) at the hospital. I know it's not in a standard panel, but they ran an extended panel to cover drugs in the category of what I had taken.

Taking the part of a cynical DA I might then argue that you were less than truthful with the medical staff and had, instead, consumed or huffed something that was no longer in your system. There are a number of hallucinogens that purge from your system quickly and would not be detected. So, the case may well fall back upon the observations of the officer(s) and medical staff, and the opinions of these folks. Even without a test, if you were so looped on whatever it was that you were impaired, that could be sufficient for a conviction.

Until you get that attorney who can then obtain a copy of the police report, you will really have no idea what the state's case against you might be.

- Carl

 

[aubreyz]

Wow, Carl. You seem like an *awesome* guy. You just can't seem to get past the fact that I am not trying to shirk culpability, can you? I obtained the police report today, and no, there weren't any silly allegations such as the ones you have suggested. I am not, and never have been, one to use recreational drugs or abuse a prescription drug.

I'm sure I will find the punishment I deserve, don't you worry... For some reason I thought this was a forum from which one obtains free, hypothetical legal advice pertaining to the QUESTIONS THEY HAVE ASKED. If I were looking for extra jury members, I'm sure I could find them elsewhere.

Does that chip on your shoulder hurt much?

 

[>Charlotte<]

Wow, Carl. You seem like an *awesome* guy. You just can't seem to get past the fact that I am not trying to shirk culpability, can you?...Does that chip on your shoulder hurt much?

He said "taking the part of a cynical D.A." which, if you would try to comprehend what you're reading, is meant to prepare you for the mindset you're up against with this issue. You throw that snotty attitude at the people who hold your fate in their hands, and you are going to get exactly "what you deserve".

Members here are certainly no stranger to giving posters a hard time (myself included) but Carl is one of the most knowledgeable and respectful members of this forum, if not the most, and he does not deserve that crap from you.

 

[CdwJava]

Wow, Carl. You seem like an *awesome* guy. You just can't seem to get past the fact that I am not trying to shirk culpability, can you? I obtained the police report today, and no, there weren't any silly allegations such as the ones you have suggested. I am not, and never have been, one to use recreational drugs or abuse a prescription drug.

I never said you were using a recreational drug or that you are trying to shirk culpability. I am merely presenting you the legal perspective on your situation. DUI is generally defined as the operation of a motor vehicle while under the influence of drugs or alcohol.

Were you, or were you not, operating a motor vehicle while under the influence of a drug (in this case, allegedly Ambien)? By your own admission, you were operating the car under the influence of Ambien and "sleep driving" ... ergo, you were, by definition, DUI. Whether the DA chooses to prosecute you or not is entirely up to them.

I thought you wanted a legal perspective, not a shoulder to cry on and someone to pat you on the back. You have been provided the legal perspective. No one said it was a perspective you would like.

And, I played the devil's advocate because if the DA decides to pursue the case (and apparently he has) if he does not have a chemical test then he must be using the testimony of the officer and medical staff to demonstrate impairment. They do not NEED a chemical test to convict. That's simply a legal fact. Sorry you do not like to hear that.

Note, also, that I never once inferred I was unsympathetic, only that the state can make a case for DUI. If you have inferred my analysis and experience as being somehow offensive, you really need to grow a thicker skin before trial - should it go that far.

Good luck.

EDIT: Charlotte, thank you for the kind words.

- Carl

 

[HighwayMan]

Carl is just trying to help you by explaining what might happen. Not sure whay you don't see that. Let us know what happens tomorrow.

 

[Country Living]

And you think this is easier when you get to court? Do you think you won't be asked the same questions? Do you think the same issues won't be discussed? If you think this forum is hard on you, wait until you get grilled in court.

These folks are doing you a favor by bringing up these issues. Now is the time to listen and learn and get an idea of what you may be up against in the near future.

 

[>Charlotte<]

Just for everyone's information, my personal experience is that Ambien doesn't affect one's physical ability, it affects one's memory. I have taken it and when it kicks in I swear I could do brain surgery if I had that ability. My husband--who is a cop--once "tested" me, and I had absolutely no physical impairment. The thing is, what you do isn't affected by Ambien, but your memory of it is.

The last time I took it was Sunday night. I came home from work Monday night prepared to do the laundry, and discovered that I had gotten up and done it sometime Sunday night after I went to bed. Including perfectly folded fitted sheets. Scared the hell out of me. I'm never taking it again. But I'm just saying, I probably could have also walked a tightrope.

Now, there may be documented evidence to the contrary, but from what I know without doing further research taking Ambien isn't the same as drinking or smoking crack. There's an accused arsonist in my town who's using the "Ambien made me do it" defense, but I think that's a load of hooey.

Please stare at the following sentence for several minutes before responding: I am absolutely not condoning that anyone operate any vehicle while under the influence of any substance at all, ever ever ever ever--including vitamins if my inclusion of them will make you happy and deter you from flinging a big pile of OMGHOWCANYOUSAYTHATAREYOUCRAZY?? at me.