kimbell1
Enthusiast
Reged: 08/20/03
Posts: 274
Loc: Route 666, Painville, Texas 6...
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I take perscription pain killers and must I have a natural tolerance. I can fully fundtion after taking 1-2 Lortab 10's. But since the law has been changed from Driving while intoxicated which everyone assumed drunk driving, the change in wording opens a can of worms.
Driving under the influence is meant to include drug users who drive stoned. This is obviously beaking the law. But what if a cop stops you, searches you even though you are not driving erratic or beaking a law like speeding, and finds a pain killer bottle?
Said cop may think that you might be under the influence but I have never heard of any field tests like with drinking.
So if you got searched for no reason , and it happens alot these days, how can a cop have any proof that you might be DUI?  I don't think there is some chart that says if you have one Lortab 5 you have to wait one hour before driving, have a Lortab 10 wait 2 hours, etc like with drinking.
What do you think?
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Paranoia is just hightened awareness.
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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Probable cause, from a police officer, is enough these grand ole days. I think they can ask the judge for a blood test - they will then find your Lortab (if you've taken some). Also, the more ultra-sophisticated drug tests can and do determine the amount of and time threshold of drugs. I read something about this topic before here on DB - but that person actually got into an accident involving painkllers.
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Anonymous
Unregistered
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My specialty as a probation officer was DUI pre-sentence investigations. Ok, it's been over twenty years since I left the criminal injustice system, but I see your case as classic. If you can afford it, get a good private lawyer (preferrably an ex-cop or DA) who specializes in DUI's. If you can't afford it, ask for a public defender and make it very clear that you won't plead out to DUI. If you have an Rx med, the DA will always plead you to something lower, unless you killed someone. One thing to contest is the field sobriety tests -- cops usually screw them up; atleast in the minds of a jury some of whom may have been in the same situation. If the meds they found were legit Rx, they have almost no case -- all they have is print-out from the pharmacy warning you not to drive UNTIL YOU DETERMINE THE IMPACT OF THE Rx ON YOU! You can PM me with more details, but DUI's are best handled by private lawyers, who used to be cops or DA's. They know every string to pull.
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kimbell1
Enthusiast
Reged: 08/20/03
Posts: 274
Loc: Route 666, Painville, Texas 6...
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But thanks for the info. I still think that they would have a hard time proving DUI. 
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Paranoia is just hightened awareness.
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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Plotinus was right on. I've also heard to decline all their tests unless they're court-ordered.
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prettyday
Threadhead
Reged: 02/09/03
Posts: 914
Loc: Coastal Sage Scrub
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I think you are in a world of hurt without a lawyer. This is why I do not carry bottles in the car with me and avoid medicating before running errands.
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First they ignore you, then they laugh at you, then they fight you, then you win.
- Mahatma Gandhi
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Caveman6666
Enthusiast
Reged: 01/15/03
Posts: 218
Loc: Earth
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Here, they suspend your license for declining a test.
What's bothersome, is that you may not even have taken anything that day, but it would still show up in a blood test from use on previous days.
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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Yup - and they suspend your license if your test-out bad. So if you're guilty, either way - it doesn't matter - however, they do have one less thing to use in court/trial..ie.. the test results.
Edited by digitalone (08/29/03 11:04 AM)
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Anonymous
Unregistered
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Quote:
Here, they suspend your license for declining a test.
What's bothersome, is that you may not even have taken anything that day, but it would still show up in a blood test from use on previous days.
The license suspension for declining a test is a tricky point. They need probable cause to ask you to take a test in the first place. That's where the lawyer (preferably an ex-cop or ex-DA) really can help with the whole DUI mess.
Since I get stopped for a moving violation maybe once every 3-4 years, I'd probably go right on driving, even if my license were suspended. Might switch cars with my wife though, just in case I drove past the same officer, who popped me. I know... it's like double dipping!
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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I know fellow probationers who drive to their appointments on suspended licenses. Their PO's ask, 'How'd you get here?' - they reply, 'Oh - I drove'. LMAO... some are not the brightest in the bunch.
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Billyl
Board Addict
Reged: 06/14/02
Posts: 389
Loc: NorthEast
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Legal prescription or not it is up to the officer at the scene to determine if you were impaired at the time of the accident. In most cases I have reviewed in the last 5 years in New Jersey the charge stuck. A more desirable deal can be reckless driving which carriers the same revocation time 6 months first offense, but without the DUI surcharges and court ordered counseling. I do agree you need an attorney that is an ex prosecutor with an ex LEO as the investigator also having a medical expert that used to work in the state forensic lab is a huge plus. Most importantly no priors on your part. Now like a previous poster said if you killed or severly injured someone that is a different story, course you'll still need the above dream team. Also if you are driving a commercial vehicle there is usaually a mandatory drug test as mandated by the USDOT.
Take care. Billylll
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prettyday
Threadhead
Reged: 02/09/03
Posts: 914
Loc: Coastal Sage Scrub
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I received a wet reckless and was very grateful. I have not played the guessing game about .0-whatever since, but you might be interested to know that in California a UPS driver got a DUI and lost his job because he drank too much kava-kava at his family's health food restaurant. He said it was a herb for stress and took it all the way to the CA highest court.
They ruled if it affects your reactions and other's safety, you have an infraction.
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First they ignore you, then they laugh at you, then they fight you, then you win.
- Mahatma Gandhi
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Billyl
Board Addict
Reged: 06/14/02
Posts: 389
Loc: NorthEast
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I am familiar with that case as well. Others may not be. Thank you for bringing that case up as well. Take care. Bill
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Anonymous
Unregistered
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Quote:
I know fellow probationers who drive to their appointments on suspended licenses. Their PO's ask, 'How'd you get here?' - they reply, 'Oh - I drove'. LMAO... some are not the brightest in the bunch.
In my PO days, I never would have tried to violate someone for driving on a suspended license unless they had been in an serious injury accident resulting in the probation (too much political heat there for the boss, if it happened again). Most of the PO's realized that the "client" couldn't keep their job if they couldn't drive. And yes, I was by far the brightest of the bunch
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