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Old 02-02-2013, 04:27 AM   #1
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I need help really scared. Dui

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

 
Old 02-02-2013, 05:19 AM   #2
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Re: I need help really scared. Dui

Quote:
Originally Posted by georgi View Post
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!

 
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Old 02-02-2013, 09:32 AM   #3
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Re: I need help really scared. Dui

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.

 
Old 02-02-2013, 10:43 AM   #4
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Re: I need help really scared. Dui

Quote:
Originally Posted by georgi View Post
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

Good Luck

 
Old 02-02-2013, 11:26 AM   #5
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Re: I need help really scared. Dui

Hi did they do a urine or blood test? Cathy

 
Old 02-02-2013, 09:20 PM   #6
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Re: I need help really scared. Dui

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.

 
Old 02-03-2013, 02:05 AM   #7
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Re: I need help really scared. Dui

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

 
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Old 02-03-2013, 05:23 AM   #8
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Re: I need help really scared. Dui

Without a doubt....hire a lawyer.They should be able to navigate this as easy as possible for you


Good Luck

 
Old 02-03-2013, 05:25 AM   #9
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Re: I need help really scared. Dui

Without a doubt....hire a lawyer.They should be able to navigate this as easy as possible for you


Good Luck

*** sorry about the double post

Last edited by ferd144; 02-03-2013 at 05:26 AM.

 
Old 02-03-2013, 06:21 AM   #10
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Re: I need help really scared. Dui

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

 
Old 02-03-2013, 11:10 AM   #11
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Re: I need help really scared. Dui

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!

 
Old 02-04-2013, 06:45 AM   #12
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Re: I need help really scared. Dui

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.

 
Old 02-04-2013, 07:02 PM   #13
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Re: I need help really scared. Dui

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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Old 02-04-2013, 07:13 PM   #14
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Re: I need help really scared. Dui

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

 
Old 02-04-2013, 08:12 PM   #15
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Re: I need help really scared. Dui

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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