Criminal Law Questions? Ask a Criminal Lawyer.
DO you have any prior criminal record? Any DUI's?
Can you get your doctors to certify to all of the above in writing that can be presented to a court? (that your soma intake was at a normal level for you after having taken it for so long and that you suffered from a previously undetected sleep disorder?)
Hello. I apologize for the delay -- I have been running myself with my daughter's ear infection for the past 2 days.
I think that your lawyer needs to put all of this in front of a judge and go to trial with it if the prosecutor is not willing to be reasonable. With the finding in your favor at the DMV and all of your doctor's reports, I cannot imagine that your lawyer is taking any other stance on this. Your lawyer may have to bring the doctor into testify that the Soma would not have hit your system by the time the accident occurred but I can't imagine that would be all that difficult to do. I am familiar with Soma and its sedentary effects -- my husband has also had 2 back surgeries -- and although it can be a cause of drowsiness, it is still not a heavy-duty narcotic drug, so the only reason I can think of why the prosecutor does not want to play ball here is because of the prior conviction. The only drawback here is that it will cost you a good bit of money in legal fees to take the matter to trial (it can cost up to 10 grand in legal fees for a short criminal trial), so that is really the decision you have to make. If you can say to your lawyer "take it to trial and I will pay you" -- perhaps the lawyer will be more inclined to push this for you. If you still feel that your lawyer is not willing to represent you in the manner that you believe should be happening, then I suggest interviewing a few other lawyers in this matter. There are a lot of good criminal attorneys out there who have gotten their clients off with less positive evidence than you have in your favor.
Please press the GREEN ACCEPT BUTTON so I will be paid for my time.
With a little luck the witness might not appear (it happens). But your attorney just has to put what the witness "saw" in the proper context with your physical conditions. You had a previously undiagnosed sleep disorder and you had just gotten into an accident -- why wouldn't you be disoriented and slumped over the wheel? Regarding the toxicologist -- the same thing applies -- your attorney simply needs to question the witness under oath and poke holes in his story AND show the court that whatever you were experiencing was more related to the undiagnosed medical condition than anything else. No one is ever guaranteed a win under any circumstances, but I really believe that you have a better chance than most people of getting this charge reduced or dismissed if you get the doctor's testimony and a judge hears the case.
The law does not address any specific substance really -- it just states that you will not drive impaired or under the influence of drugs or alcohol.
Please let me know if you have follow up questions -- Even if you accept the answer now you can come back to this thread at any time and ask me a few follow up questions if you get more info on the case a month or two from now.