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I was in accident while having prescription drugs in system but more than 12 hrs prior to dui im disabled and on meds, i got dui
Anonymous4 views6 answers
i had to slam on my brakes the dealer or warranty co supposedly had an alignment performed and car would pull to left when i braked, they were aware. Anyways, turned down residential street off a 35mph street, car came at me on passenger side, without lights on realized almost hit me and sped off. i had to pull my vehicle left and slam on my brakes and ran into fence because curb and brakes did not stop me. Neighbors called police, they did not care about other car, saw my handicap sticker in window and gave me a breathalyzer which I passed. And refused to give me alternate test because I was unable to perform regular sobriety test due to disabilities. Informed me at that time i did not pass teststhey knew i wouldnt due to ailments, arrested me, made me sign to give blood or take dl
There are many factors that go into a DUI case. The first thing is to secure a lawyer or ask to receive a court appointed lawyer. Always remember the state had the burden of proving its case beyond a reasonable doubt
I don't think you were able to complete your question, but you really need to discuss the facts of your case in a confidential setting with an experienced DUI attorney. It's possible you have a lot of evidence in your favor, but only an experienced attorney will be able to evaluate this and advise you of your best defense.
With these facts (and I'm sure there is more) you should really talk with an experienced DUI attorney in your area. They will be able to assess your situation and advise you of your options. Good luck.
I couldn't agree more with my colleagues, you need to secure an attorney immediately. The first thing you will need to show is that you have a valid prescription for all medication that is found in your system. The next thing you will need to show is that you were taking them pursuant to the prescription -- i.e., what was in your system was not over the therapeutic dose and with some medications that the amount in your system was below the therapeutic dose (for example, ambien's therapeutic dose would be the dose at what it is used for, sleeping--thus, you would have to show below the therapeutic dose). Finally, you will need to show that regardless of the levels of the medication in your system, the medication was not impairing your ability to drive. The latter is best shown when you have a doctor who is willing to say that you have been taking the medications for a significant period of time and would not have impaired your ability to drive. Defense experts are also very helpful in reviewing the police report and levels of medication in your system to show that you were not impaired and/or what the officer was seeing were impairments from your disabilty not from the medication. Good luck!
Howard A SnaderCriminal Defense AttorneyPhoenix, AZ ·
In Arizona, given the facts you stated, there are two basic types of DUI you are facing prosecution for. First is simply while driving while impaired to the slightest degree. Second is driving with any metabolite of an drug, any illegal drug or a prescribed drug....doesn't matter. IF ONLY A PRESCRIPTION DRUG, then you may have a statutory defense to that charge. But, if the prescription drug caused an impairment, then you can still be prosecuted for the first type of DUI.
Your summary of the facts will support a couple of defenses. But you need to preserve your evidence as quickly as possible. Your evidence is the mechanical issue....you need to confirm the mechanical problem, the garage and mechanic that worked on it. The repairs need to be close enough in time to the incident that you reasonably had no time to notice the issue was still ongoing. Because of your disability, the officers won't have field sobriety tests. So impairment will be proven solely by driving. experienced counsel can guide you through the process and hopefully increase the chances of having the case reduced or dismissed...no guarantees.
I am sorry for your troubles. You really need to consult in person with a DUI attorney to discuss the specifics of your case. is a public forum and the ability to provide advice is limited by the inability to review documents or interview you. Also, as a public forum, you should take caution in what facts to which you publicly admit, as well as what you tell anyone. It's generally best to speak with no one about criminal allegation matters except your attorney in private. Good luck.
