Dui- My Prescribed drugs

[duchesse]

I got the cops called because I hit a curb to hard at Arby's. I had not been drinking but had been awake from the night before. Anyways, I got charged with DUI-Drugs just because of the medication that I am prescribed to. If anyone can shed some light on how to approach this I'd appreciate it....

[babyjesus318]

unfortunately the initials DUI stand for "Driving Under the Influence" that means under the infuence of any substance. prescribed or even over the counter. a close friend of mine got his first DUI while under the infuence of codiene cough syrup.

[Jeremy Fisher]

I got the cops called because I hit a curb to hard at Arby's. I had not been drinking but had been awake from the night before. Anyways, I got charged with DUI-Drugs just because of the medication that I am prescribed to. If anyone can shed some light on how to approach this I'd appreciate it....

@riverstyx, sorry to bother you again, but this lady needs your insight.

Did the cops take a blood sample?

[QVC1212]

@duchesse Please explain in more detail.

[riverstyx]

wait, please, do not explain. no more words out here.
is that clear? let me catch up.

but, u do not talk any more about this in here. in PM and email, which could be subpoened.
just let me catch up.
*******************************************

ok, u r gonna have to lawyer up. u will be entitled to free attorney as its possible this charge could lead to loss of ur liberty or rights. if u lose ur license, u get no attorney for that. driving is deemed a privilege, not a right.

do u know whom called the cops? were there children in the vehicle at the time of the crash? to whom does vehicle belong? cuz, u may face litigation if the vehicle belonged to another.

depending on whom u get to represent u, this can be an adjournment in contemplation of dismissal. but, u r gonna have to get very busy. get ur doctor to know what happened. the dose may have to be changed.

i believe we have a slight language difference, but i believe, in this limited exchange, that i would see cause to find u as under the influence right now.

not sure what medicine u r on. but, whilst u have a lawyer, free, working for u STAT, it is always best to make sure u r clean of everything but that one med that u r prescribed. seriously, make sure u r on proper dose. did ur doctor fail to tell u that u had to wait two weeks or such before using a vehicle under the influence of this med?

i would like to see the documents u received. when r u due back? let out on own recognizance? any damage to the arbys lot?

and, the problem is this: being on a prescribed medicine is never an excuse for driving under the influence. it is deemed to be ur responsibility to make sure u r coherent enough to drive before u start. such as using taxis till ur body gets used to a new script.

get thee to public defenders office. hell, if no damages, u can get this down to a form of a ticket. depending on lab tests. the videos i imagine they made of u.

but, make sure this med is the best for u. and the right dosage. i realize u were just in an accident, but u do not sound as the reasonable man would. too calm. something.

but, even go to attorney feigning u want the free counsel. that u r thinking of retaining him. get a couple opinions.

this can be nothing. but, u need lawyers and doctors as experts that know drugs. and side effects. u gotta pull off that this is either first time usage of this med. u will still suffer consequences. or wrong dosage. that, no way, no how, did u willingly get behind wheel of vehicle under the influence.

if u r out now, sounds good. this could turn out to be nothing. tests and DA make the decisions. somehow, i feel u may have to start with pain management or rehab. i mean fast.
but, i am an attorney. i do not practice. but, i can see ur situation, for free, and give u any advice i can. any and all documents.

good luck. first thing, to public defenders tomorrow. legal aid. all depends on the charges on u. vids. prior bad acts.

but, if u get free of this, u cannot get behind wheel of car again in this condition. because, now u have notice that this medicine causes unusual sleepiness in u.

i am willing to be PM'd about this.

[QVC1212]

@riverstyx What you said makes no sense whatsoever. Do not explain in more detail. And then, please explain in more detail. But only in PM's and emails, which render no protection if a subpoena is served. Never mind the fact that this forum provides anonymity. What possible harm could come from sharing the problem? A problem which has already been posted here publicly? You think this member was under the influence while posting? I agree with you there. I also agree with your advice to lawyer up. But how can you possibly advise this person without more information? We know absolutely nothing about them. They hit a curb with a vehicle, and the police were called, and he/she was charged with a DUI. Beyond that, we know nothing. So in fact, we know next to nothing. The statement of facts has to be longer than a sentence or two, and I guarantee the police report, and the statement of facts as typed up in a legal brief, will be a lot longer than a sentence or two.

Okay, you're probably the only attorney on here. But if I may point out, you haven't practiced in quite a while, and the law is an ocean---an attorney specializing in civil litigation has a much smaller working knowledge of criminal law. My point being you may have the legal background to give the best advice to this person, but it shouldn't necessarily be the only advice.

[riverstyx]

communications between original poster and me, they r privileged. between poster and others? not privileged. can be subpoened.

when i said talk details, i meant to me, if wanted. but, only to me. cuz no one on earth will get me to reveal anything said to me. by a client. and, when problems occur, i make u an immediate client.

i do suggest a criminal lawyer.
but, they gotta know the dui's associated with drugs. the rules can be different from an older attorney's dui with alcohol.

alcohol is always recreational. medicine is not.
it depends on the charges. past history. hitting a curb, no injuries, released on own recognizance, all sound good.

just the poster. again, not sure if language problem, but i perceived a level of high in that post.
that can be good. blame doctor. and u will never do it again.
if its happened before, or they drive as inebriated as i heard in the post, plus if tapes made etc, then, could turn bigger.

i doubt it though. no injuries.
i would hope for adjournment contemplation of dismissal.
no reason to destroy one's future over a medical mishap.

but, yeah, i switched modes. i talked directly to original poster. and told them what i would be more than willing to see.

people's own words r their worst enemies. if tiger woods had not acknowledged a problem and been all crying and gonna do therapy, i don't believe he would have seen such devastation in his life.

u see what they got on u.
u make sure u do nothing to draw their attention for awhile.
but, u prepare to lawyer on.
all depends on what he/she received as they were released.

oh, if he/she says it to me alone, it is privileged. under attorney/client or minister/penitent.
if they post it, they have breached the privilege. then, i must reveal anything i know. in public.

not enuff facts. but, u never put ur facts or strategies on the table. not yet.

u wait. u see. u plan.
but, u never want a client on the stand, reading the words of their own post. exact opposite of the real version we r using. then u get the "were u lying then, or r u lying now?"

until u speak with an attorney, or r one, say nothing. in any situation involving police, social services, and the rest of LE.
speak with lawyer. plan. then, u speak. cuz, he/she was obviously confused before. had just been in accident.
(things said at accident or right after are an exception to the hearsay rule. they r held to higher level of truth. they r believed more. this is not the best place to be putting out ur defense when u don't have it down yet. k?

[LiquidOrgasm]

This sounds like a case for bert and ernie.

[riverstyx]

tell me, liquid, did u ever once think that bert and ernie were allegedly gay?
i watched with my son. they were nice guys. lived together.

had they been my actual neighbors, i would not have thought of their sexual preferences.

but some christians started all stupid talk.

it was just so nice, natural and normal, the way bert and ernie interacted. why some idiots tried to make it sound less than normal is beyond me.
say, liquid, have not seen u in awhile. i hope u r doing well.

may u have a really awesome thanksgiving dinner, surrounded by those u love. and, the grandfather (i believe) u lost recently, well, i feel he will be watching. smiling. eating a feast u would not believe.

so have a good thanksgiving, k?

[Jeremy Fisher]

people's own words r their worst enemies. if tiger woods had not acknowledged a problem and been all crying and gonna do therapy, i don't believe he would have seen such devastation in his life.

To the original poster, I highly recommend River as someone who can get you pointed in the right direction. Also @QVC1212, River passed the bar w/in the last 6 or so years so she is relatively recent in her knowledge. Just FYI.

That said, I have an experience which backs up River's quote. A family member was accused (just to us) of sexual harassment (very low key, a kiss, a request for company). We were close to this employee; she was like a sister to me. Anyway, we talked and emailed with her trying to understand and make her feel better, until my brother shut it down. He is the lawyer in the family and he said no more conversations or emails with her. He even put a kabosh (?) on emails between us siblings. He was concerned she was after this relative's money.

Nothing came of it. But I think silence is the number 1 rule of self defense in the legal world. Too bad for us, as it would be an interesting story. But mostly we want to help folks, not just be entertained. Well actually, I like both whenever possible.

[DulyNoted]

Find an attorney that has working knowledge and relationships with the prosecutors office that will be handling your case. I can't over emphasize the importance of being defended by someone who knows the prosecutors in this type of case.

[penpilus]

I have to agree with DevilishOne, you need to get a criminal defense lawyer who has worked with this particular prosecuter on past cases. Outside of the courtroom, they are mostly friends, and probably in the same social circles. Do a lot of calling to find a lawyer that actually speaks to you on the phone, and YOU feel good about in your gut,

[LiquidOrgasm]

tell me, liquid, did u ever once think that bert and ernie were allegedly gay?
i watched with my son. they were nice guys. lived together.

had they been my actual neighbors, i would not have thought of their sexual preferences.

but some christians started all stupid talk.

it was just so nice, natural and normal, the way bert and ernie interacted. why some idiots tried to make it sound less than normal is beyond me.
say, liquid, have not seen u in awhile. i hope u r doing well.

may u have a really awesome thanksgiving dinner, surrounded by those u love. and, the grandfather (i believe) u lost recently, well, i feel he will be watching. smiling. eating a feast u would not believe.

so have a good thanksgiving, k?

i don't think the thought ever crossed my mind if they were gay or not, i think there just two totally down muppets that got along good together, its possible they experimented in grade school but I think oscar the grouch started that rumor....yea I was out and about for a few weeks, had to fly down to my ostrich farm and take care of some unruly birds. Thanks a lot for the kind words I hope you have a great thanksgiving as well =)

[613]

talk to a lawyer about this, and nobody else.

I understand wanting insight from a place like this, but rule #1 when you get arrested is do not say a word to anyone about anything unless the words spoken are protected by your rights.

so my advice is lawyer up and keep it all between you two.

[Kittsoan1989]

TALK TO A LAWYER - That is your best bet. I had a similar situation (getting a DUI for being on Ambien which I was prescribed)... A lawyer answered all of the questions I had and was able to get my charges reduced. SO TALK TO A LAWYER ASAP.. even if it is a court appointed one.

[Maggiemaie]

@riverstyx What you said makes no sense whatsoever. Do not explain in more detail. And then, please explain in more detail. But only in PM's and emails, which render no protection if a subpoena is served. Never mind the fact that this forum provides anonymity. What possible harm could come from sharing the problem? A problem which has already been posted here publicly? You think this member was under the influence while posting? I agree with you there. I also agree with your advice to lawyer up. But how can you possibly advise this person without more information? We know absolutely nothing about them. They hit a curb with a vehicle, and the police were called, and he/she was charged with a DUI. Beyond that, we know nothing. So in fact, we know next to nothing. The statement of facts has to be longer than a sentence or two, and I guarantee the police report, and the statement of facts as typed up in a legal brief, will be a lot longer than a sentence or two.

Okay, you're probably the only attorney on here. But if I may point out, you haven't practiced in quite a while, and the law is an ocean---an attorney specializing in civil litigation has a much smaller working knowledge of criminal law. My point being you may have the legal background to give the best advice to this person, but it shouldn't necessarily be the only advice.

What a RUDE response to a fellow forum member who takes the time to attempt to help.

[betsky]

@Maggiemaie
I saw your post and thought it was @merrymiau as you can see this is quite an acceptable elusion of my eyesite. However I only read your post and the hairs on my neck stood up instantly. riverstyx is one of the kindess, most friendly soul I know, so in her stead thank you. Just FYI, that poster(wont call he/she a member) has been banned for shilling. After seeing what was said to river I wish we could ban he/she/it again

[Massiveamounts]

Find an attorney that has working knowledge and relationships with the prosecutors office that will be handling your case. I can't over emphasize the importance of being defended by someone who knows the prosecutors in this type of case.

Best bit of info in this thread imo, the working relationship between the prosecutor and your lawyer is extremely important in how well you well you might do in court......very important, they are normally the most oft used and most expensive lawyers though unfortunately but for good reason.

[SageVisitor]

I have to agree with DevilishOne, you need to get a criminal defense lawyer who has worked with this particular prosecuter on past cases. Outside of the courtroom, they are mostly friends, and probably in the same social circles. Do a lot of calling to find a lawyer that actually speaks to you on the phone, and YOU feel good about in your gut,

That technique worked for me many years ago but cost $3300 20 years ago. Every town or two seems to have a DUI specialist.

I don't see a response to whether you took a blood test, breathalyzer, or road side tests (you do not have to do road side tests).

From reading this article, I have the feeling you talked too much or allowed them to intimidate you. If you kept your mouth shut, they would have little to go on.

Besides, who and how hard did you hit the curb that hard that you had to wait for the police to arrive? I think a lot of this story is missing.

[JoeyButtafuoco]

Way too much info missing from the OP first post.

You must have knocked over the Arbys sign to get the cops called on you