Please let me know what to do. I have been on pain meds for about four years also some Xanax. I have three cancers and other med problems. Mostly bone pain. Anyway I got a ticket from a police officer. Says I was impaired because he thought that I was driving. Eratic. I ever have had a problem and I think I was driving fine. He first pulled me over cause he was giving out another ticket an I did not change lanes when I passed him. Then he saw my med bottle and wanted to know what it was. So the rest is history"."..I am to go to court and am scared to death. Someone told me that they will put me in jail. Can anyone tell me what to do what happens? Please help me. The weird thing is that they will let me drive for the next 15days then no driving???
Georgi
Please let me know what to do. I have been on pain meds for about four years also some Xanax. I have three cancers and other med problems. Mostly bone pain. Anyway I got a ticket from a police officer. Says I was impaired because he thought that I was driving. Eratic. I ever have had a problem and I think I was driving fine. He first pulled me over cause he was giving out another ticket an I did not change lanes when I passed him. Then he saw my med bottle and wanted to know what it was. So the rest is history"."..I am to go to court and am scared to death. Someone told me that they will put me in jail. Can anyone tell me what to do what happens? Please help me. The weird thing is that they will let me drive for the next 15days then no driving???
Georgi
Dear georgi, Is there any way that you could see an attorney? Is it really a dui? If i were you i would go to see my dr & see if he could write a letter stating my diagnoses, condition & my medicines are all prescribed for me & possibly the reason that i was out driving & i wouldnt drive anymore even if the police let me until this is cleared up & even after if i required narcotics or benzodiazepenes i would stay home if someone else was not there to drive me. Im so sorry that you have cancer & hope that you can get this settled because i hate that you now have this worry. God bless you, georgi!
All depends upon the state you are in, and a lot of times the jurisdiction within that state. As Gmak says, get an attorney. Here in NC, with letter from Doc you might get let off with a ticket reduced to " improper equipment" or you might have your license permanently revoked, depending on county or city. But you would not go to jail.
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C3-C7
Severe DDD, Severe neural foraminal stenosis at 2 levels, moderate canal stenosis at 2 levels, significantly impaired left shoulder & arm function. Chronic moderate compression fracture at C6.
Please let me know what to do. I have been on pain meds for about four years also some Xanax. I have three cancers and other med problems. Mostly bone pain. Anyway I got a ticket from a police officer. Says I was impaired because he thought that I was driving. Eratic. I ever have had a problem and I think I was driving fine. He first pulled me over cause he was giving out another ticket an I did not change lanes when I passed him. Then he saw my med bottle and wanted to know what it was. So the rest is history"."..I am to go to court and am scared to death. Someone told me that they will put me in jail. Can anyone tell me what to do what happens? Please help me. The weird thing is that they will let me drive for the next 15days then no driving???
Georgi
Did you just get a ticket or were you actually arrested/jailed ?
Were your meds in their respective *legal* prescription pill bottles with YOUR name on them?
This is very important to know,for us to help guide you on the forum IMO
In most states, there are laws on the books that state that driving under the influence ( either drugs, medications that may cause tiredness, drowsiness, muscle impairment, etc) can be charged as driving while impaired.....doesn't matter if they are legally prescribed medications, if they impair your reaction times, or your ability to drive in any way, then you can be charged and convicted under that charge.
If I were you, I would contact a lawyer who is experienced with DWI laws in your state, and see what your options are....were the medications opiates? Or other meds that would impair your ability to drive? Where there any blood or road side tests administered? Were you arrested or simply given a ticket?
All of those things will factor in, but if I were you, I would definately not drive any more and just as a reminder to all of us, we should all be well aware of what our local laws are regarding driving with any of the medications that we take are, otherwise, we can all find ourselves in this same position.
I was taken to jail and had to to some test walking nine steps etc. did a urine but no blood test. I have a special port for loud draws and thy just. Y past that. I hate to tell my doctor. He has. Een so kind to this ole 63 year old lady. He is such a good christian. An that was just trying to help me. I feel so bad wish I did not need this stuff. Thanks for responding. I was so afraid of going to jail. I have never done anything in my life to make me so depressed
Thanks to you all I really am thankful for all the help I am getting. Guess I will get a lawyer we sure do not need the expense. What a great guy I married he is scared too"...for better or worse. Guess he got the latter
Thanks again
Georgi
The following user gives a hug of support to georgi: ferd144 (02-03-2013)
Hi I think I read yesterday that in New York first offense was $500 fine 1 yr sentence but you can get it suspended and get probation and then sometimes they will let you do community service in lieu of probation. Talk to the lawyer see if you can start the community service now make it look good. I know you can work at good will if you can physically handle that. But you definitely need a lawyer maybe your auto insurance offers a discount on one? AARP? Check into these, good luck honey, it could happen to any of us! Cathy
That is one "hairy" situation you're in there; so sorry. Yes, it could certainly happen to any CPP patient but if it were me, I would yes, get an attorney for starters. I would also try to get something official stating how long you've been on the meds and at what dosage. Like I've stated on these boards before, and I'm pretty sure I'm not alone on this, no one would ever suspect I was on any pain meds or the level I take. Aside from the very small pupils, there is nothing obvious. Maybe your attorney can gather some data supporting the ability of pain patients being able to be quite "normal" on their meds. It's a tough road to hoe but with a little luck, you may get off with a minor penalty. Good Luck!
As others had said, you NEED a lawyer. Unfortunately a judge may not really care that you are an older lady with a medical condition as he has to uphold the law on the books, he/she will have discretion in sentencing, but you NEED a lawyer, do not attempt to handle this yourself. A lawyer may be able to discuss things with the prosecutor but once it gets to the judge, well its up in the air.
As for your doctor, that depends on your contract. Mine says that its a violation of the contract to get a violation of a DUI (even if it was because of legally prescribed pain meds)
I wish you absolutely best of luck, I know this is a bull-crap charge but still, get a lawyer. It may seem too expensive but not having one can cost you so much more in the long run. Let us know how it turns out.
Wow I wasn't aware a pain contract could include a stipulation that you could be discharged based on getting a DUI for legally prescribed meds.
My question is why did the pills come in to play? You said "they saw the med bottle". If they ask to search your vehicle, you can by law say no...ask them to get a warrant. For a routine traffic stop most of the time they wouldn't, and were only asking to see if you will say yes. Know the laws in your state, as many states will legally let you refuse a field sobriety test (walk this line, count backwards, etc), and choose to take a blood or breathalyzer test, without penalty.
Many studies have shown that even while sober, more folks than not can fail it, especially the elderly or those with medical conditions or medications which affect balance (which may not impair driving ability). If you refuse to take the test then yes in most cases it would be automatic DUI.
Something for us all to be very aware of if we make he decision to continue driving on meds. I've always known I was taking some risk, but do try to minimize it. I hope the original poster can get an attorney and everything ends up relatively ok. Best wishes.
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Kate
constant head pain, fibro, and other fun!
chronic pain established in 2006
I know in va they can search everything in your reach unless they suspect something. My hubby kept that little thing on his key chain with some Percocet in it until yesterday when I read this. It's out of the car now. Used to keep a bottle in the glovebox too, its gone. Don't want to take a chance. Cathy
Good example that laws really vary by state. Its important to have meds, especially Schedule II, in original bottles, but I wouldn't have thought that in some states having it in your purse on the front seat could make it automatically applicable to search if you were pulled over. Don't think that is the case in my state but now I want to find out. I also only keep a small amount in the bottles, in case of theft, and have the rest at home in a safe.
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Kate
constant head pain, fibro, and other fun!
chronic pain established in 2006
The Following User Says Thank You to tortoisegirl For This Useful Post: ferd144 (02-05-2013)
I may be unsure of where the OP originally said the pill bottle actually was. For some reason, I got the impression it was in the open on the seat or something. I can tell you flat out, I'd never ever have anything in plain site and not just because of the police. If you can see something like that through your window, you're just asking to have your car broken into. An addict wouldn't think twice if they were in active withdrawal; it's just too much temptation for them.
Again, short of that and obvious driving issues, I'm really surprised the OP was pulled over. If they talked to the police and weren't showing signs of impairment, where's the cause to take it any further? I've been pulled over for speeding with a radar and got a ticket and went on my way. Another time I had a state trooper pull me over and I told him I knew I was going too fast down that hill and I knew exactly why he pulled me over. I was very contrite and didn't try to pull anything over on him or sob story him. I think he actually appreciated me taking responsibility for my error up front and ended up just giving me a warning. Needless to say, I was pretty happy and I ALWAYS slow down and check my speed at that point in my route home from now on.
Good Luck with things and I do really feel for what you're going through. Definitely a reminder of what us CPP folks go through all the time.
Good example that laws really vary by state. Its important to have meds, especially Schedule II, in original bottles, but I wouldn't have thought that in some states having it in your purse on the front seat could make it automatically applicable to search if you were pulled over. Don't think that is the case in my state but now I want to find out. I also only keep a small amount in the bottles, in case of theft, and have the rest at home in a safe.
No news yet. I think that it will take some time. Yeah I really did some dumb stuff. I was honest yet stupid I guess it is never to
Late to learn. I jut know I would have only got a ticket if he had not seen my medical bottles. I just pray ot god that I do not go to jail. My panic attack of that would kill me. I would rather not drive. The depression is starting to set in. I do have a lawyer, so let's hope he can get me past this and help me. What do I do"...just stay in pain I Hess, the meds give me a life still worth living
Georgi
No news yet. I think that it will take some time. Yeah I really did some dumb stuff. I was honest yet stupid I guess it is never to
Late to learn. I jut know I would have only got a ticket if he had not seen my medical bottles. I just pray ot god that I do not go to jail. My panic attack of that would kill me. I would rather not drive. The depression is starting to set in. I do have a lawyer, so let's hope he can get me past this and help me. What do I do"...just stay in pain I Hess, the meds give me a life still worth living
Georgi
Dear georgi, If i were you i would look for my copy of the drs pain contract & see if it says anything about a dui. Next, if it does not say anything about a dui then i would ask the lawyer if it would be helpful to get a letter from the dr with the diagnoses, medications & anything else to help explain the circumstances. Did the attorney say anything hopeful or helpful so far? Praying for you! So sorry this has happened.
The Following User Says Thank You to gmak For This Useful Post: KG5634 (02-09-2013)
