| brenda1231 |
| (Journeyman) |
| 03/17/04 06:41 AM |
 |
 Re: Legal advise don't take their test(s)
|
Quote:
Not true, Blood tests will not show levels of narcotics, only trace or presence. Either way, if you have a valid perscription, it is not illegal to operate a motor vehicle (or heavy machinery) while under the influence of that substance. That's why the warning labels say "use caution while" instead of "do not"! The best they can do is reduce it to a careless driving (for the reported lane weaving) and let it go. As for the cop and your husband...The cop has a right to know anything he feels is pertinent to an investigation, and the hospital has a duty to dicsclose most of that info., but if I were you I would just focus on beating these BS charges and just forget about everything else. You don't want to stir the pot at this point! Just get your legal issues handled and forget about it.
I don't know about most states, but in my state it is VERY illegal to drive under the influence of even a prescribed narcotic.
I did not know this until last year when we had a very public case of a man who had an accident while using a legal prescription. In his case, he went to jail. His prescription was for...drum roll please....DARVOCETTE! Unbelievable!
This law may vary from state to state.
Also to the original poster. I was also arrested w/o the officer acutally seeing me swerve, and it was part of the police record and admitted into court. Somebody had called in that I was swerving.From what I read about the law regarding that matter...and it is foggy... and this is my interpretation of what I read, it stated something to the effect that: An anonymous tip is admissable if the officer finds evidence of DUI after stopping you. OF COURSE this may vary state to state. At any rate, I too questioned that, but my lawer said it was admissable and I distinctly remember the DA telling the judge about the 'tip'.
Personally, I think that is BS and they should not even be ble to stop you on anonomous tips...i could call in anybody and say they ar ' all over the road'. If they happen to have some tylenol PM or such in the car they could be arrested.
