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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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Hello I have leukemia and am required to have a central

Resolved Question:

Hello:

I have leukemia and am required to have a central venous line in my chest to provide 3 mg of dilaudid per hour to control pain. I also take other medications for my illness. I have taken these medications for a number of months or in some cases years so I am fairly accustomed to their side effects.

Dilaudid or hydromophone is a Schedule II Narcotic and it has the normal warning label of causing drowsiness and not operating heavy machinery or automobiles unless you are sure that you are able to safely do so.

I voluntarily gave up driving 8 months ago. I voluntarily gave up driving because my assumption was that anyone taking 3 mg of dilaudid intravenously every hour would by default be considered driving under the influence of a controlled substance and would be arrested if pulled over. Worse yet, if an accident occurred while I was taking my medications would I be convicted of involuntary manslaughter and would I be covered by my vehicle insurance and go to jail. In my condition I don't think jail would be a punishment but I would not want to ever hurt anyone. I carry a five million dollar umbrella policy? Would my insurance cover me? I think there is a clause that says i am exempt of coverage if the accident is the result of a criminal act.

There are times when I know that I should not drive when I am sedated but there are times that I could drive short distances and feel safe. The question becomes whether or not someone who might be impaired can accurately determine if he/she is really impaired or not? I don't want to take the risk of being pulled over and tested since I would fail the test due to my weakened condition regardless of my sobriety.

So would I be criminally negligent if I drive? My doctor and pharmacist don't think it is a good idea but I feel a pretty good judge and would always err on the side of safety. Thank you. God Bless.

Steve
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

Samuel-II :

If you were in an accident while you had those drugs in your system, regardless of the reason, you will be held accountable. Yes, it could be criminal negligence. I am sorry to hear of your health. I hope things improve. God Bless you, too.

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

Thank you for confirming what I thought.

Customer:

In Christ's Love,

Customer:

Steve

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22336
Experience: Handle criminal matters in both state and federal courts.
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Samuel II
Samuel II
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Handle criminal matters in both state and federal courts.