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Anonymous #1

legal advice
    #14204431 - 03/29/11 03:43 PM (12 years, 10 months ago)

I have a prescription for klonopin and I hit a stop sign (some dumb fuck motorcyclist pulled out right in front of me going 35 and I had to swerve not to hit him as I would hurt him badly in my truck)

pulled over and cop came, as someone called the cop and said I hit the stop sign, so I have a lady saying she saw me driving wrecklessly almost hitting this dude when its not my fault. The motorcyclist ran off, so he isn't in the picture at all.

I told the cop what happened, but he wasn't buying it cuz my eyes were a bit droopy cuz of the klonopin although I wasn't sleepy, it just relaxes my eyes (told him I had a prescription for anxiety, nothing else than that)

Now, he saw this and told me he had to test me for DUI/DWI as in texas its strict 0 tolerance. I passed. He arrested me and told me if I didn't give blood he would take my DL away which I need for school and work, so I gave blood. All I had was klonopin in my system (2mg)

Can I still be charged for DUI or will it become reckless driving? I am fucked because this lady is testifying against me saying all this crazy shit about me. My lawyer said it doesn't look good on tape because my eyes are droopy despite me passing the test though.

God damnit. This has cost me every cent I've saved up to move out and I'm only 19 :frown:

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OfflineAlan RockefellerM
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Re: legal advice [Re: Anonymous #1]
    #14210152 - 03/30/11 03:33 PM (12 years, 10 months ago)

It is good that you have a prescription for your medication, however I am not sure if they have a case or not.

The lady might not show up to court.  You should fight the case.

If you can get them to offer a plea deal of reckless driving that might be an acceptable outcome.  I don't think that you are guilty of DUI, but the court might not agree.

It is good that you hit the stop sign instead of the motorcycle.

I think that people are allowed to drive on prescription drugs.

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Invisiblemaug
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Re: legal advice [Re: Alan Rockefeller]
    #14210776 - 03/30/11 05:24 PM (12 years, 10 months ago)

It depends on the drug. Some say don't drive or operate heavy machinery. And I'm not sure, but I don't think that lady needs to show up in court because her testimony has been recorded by the cop.

It's unfortunate, because any accident would look reckless if all you saw was the aftermath. I don't know if it matters if the lady can't testify that there wasn't a bike there, only that she saw the aftermath. You should have reported a description of the driver as soon as possible. What kind of bike, etc.


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Invisiblenaum
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Re: legal advice [Re: Alan Rockefeller]
    #14212272 - 03/30/11 09:55 PM (12 years, 10 months ago)

In Texas, DWI charges due to prescription drugs are common enough that I am always warned by doctors and pharmacists of the risk of driving on certain medications.

Intoxication is defined as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body".


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InvisibleJohnnyConverse
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Re: legal advice [Re: naum]
    #14213497 - 03/31/11 06:16 AM (12 years, 10 months ago)

when you say "there was only klonopin in my blood stream (2mg)" do you mean the test gave that result, or are you saying you actually had it in your system (ie you know it was there because you took it)?

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Anonymous #1

Re: legal advice [Re: naum]
    #14222155 - 04/01/11 05:07 PM (12 years, 10 months ago)

Quote:

JohnnyConverse said:
when you say "there was only klonopin in my blood stream (2mg)" do you mean the test gave that result, or are you saying you actually had it in your system (ie you know it was there because you took it)?





I would know because I took 1mg in the morning and 1mg in the afternoon a bit after lunch. I've never had a problem, I use to do this almost everyday.

Quote:

naum said:
In Texas, DWI charges due to prescription drugs are common enough that I am always warned by doctors and pharmacists of the risk of driving when certain medications like benzodiazepines or opiates are prescribed and dispensed.

Intoxication is defined as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body".




Yes, I know this and this is what I'm afraid of. My doctor said I should have 0 problems driving and he wrote a letter for the court saying so..

I dunno, I'm just worried :frown:

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OfflineAlan RockefellerM
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Re: legal advice [Re: Anonymous #1]
    #14222248 - 04/01/11 05:24 PM (12 years, 10 months ago)

Sounds like you have the right people on your side, contest it.

It seems to me like you were driving legally and that your medication had nothing to do with the accident. 

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Offlinetreyute
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Re: legal advice [Re: Alan Rockefeller]
    #14223081 - 04/01/11 08:14 PM (12 years, 10 months ago)

She probably wont show up to court, even if she does they'll probably plea you down to reckless driving at worse since you say you have an attorney. Its a very grey area of the law and how things work vary from courtroom to courtroom but usually a decent lawyer will be able to at least plea you down to something trivial. Reckless driving really is small potatoes compared to a dui.

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Anonymous #1

Re: legal advice [Re: treyute]
    #14270389 - 04/11/11 01:17 AM (12 years, 10 months ago)

Yes I have an attorney. I spent 4,500$ on him, I had 6.4k saved up for after highschool, spent $700 on getting my truck out of the impound and 1k on repairs to my car. All of my hard work went down the drain because of a fucking retard who got away and now I'm stuck with this bullshit. I'm just so angry, I want to go crazy.....my parents aren't being supportive of me at all and think I'm some kind of fucked up kid :frown:

this is making me depressed.....

don't know what to do.... fuck...guess there is nothing I can do but move on

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OfflineAlan RockefellerM
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Re: legal advice [Re: Anonymous #1]
    #14276617 - 04/12/11 05:39 AM (12 years, 10 months ago)

Quote:

Anonymous said:
Yes I have an attorney. I spent 4,500$ on him, I had 6.4k saved up for after highschool, spent $700 on getting my truck out of the impound and 1k on repairs to my car. All of my hard work went down the drain because of a fucking retard who got away and now I'm stuck with this bullshit. I'm just so angry, I want to go crazy.....my parents aren't being supportive of me at all and think I'm some kind of fucked up kid :frown:

this is making me depressed.....

don't know what to do.... fuck...guess there is nothing I can do but move on




That is the nature of driving cars. 

Its not only a bummer, its a valuable life lesson!  Consider how much you learned. 

Cars have taught me so much.  Now I know that if I have money and don't want it anymore, I should get a car and drive it around.  Never fails.

Its worth it, but just barely.


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