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Greetings. Were you taking the medication exactly as prescribed by your doctor? Do you know what warning your pill bottle has regarding operating heavy machinery?
yes, exactly as prescribe 2 tablets = 100mg in morning and 2 tablets = 100mg at night between 8-9pm. It say do not drink alcohol or mix with alcohol twice on it. I don't drink so that was never an issue.
hello are you there? still waiting for advice. Thank you
Hi, are you going to finish answering the question? Thanks
i am sorry that i did not catch you online before
let me answer some of your questions, even though we keep missing each other
they do not have to drop the charges, even if the blood test shows nothing. although i would certainly hope they would drop them, they could go forward under the theory that you were impaired. they do not have to identify how you were impaired. they have to prove beyond a reasonable doubt that you were driving while your normal faculties were impaired. what did you tell the police?
you can be convicted of DUI if taking a prescription, as directed, but it seems like it would be difficult for the State to convict in your case. i am basing this solely on what you have told me; i do not their side of the story. but if one were taking a prescribed sleeping pill that was not a controlled substance and drove impaired from it, i believe that person could be convicted.
As you know, this is the GA law: O.C.G.A. Section 40-6-391 (a)(a) A person shall not drive or be in actual physical control of any moving vehicle while:(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;(2) Under the influence of any drug to the extent that it is less safe for the person to drive;(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person todrive;(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsectionto the extent that it is less safe for the person to drive;(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being inactual physical control from alcohol consumed before such driving or being in actual physical control ended; or(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance,as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolitesand derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitutea defense against any charge of violating this Code section; provided, however, that such person shall not be in violationof this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcoholwhich such person is legally entitled to use.
They could proceed under #2 above, and the "less safe for the person to drive" standard. As you discussed, #6 above would depend on the blood test results and the very complicated definitions they have for "controlled substance." Note section (b) above that specifically eliminates your prescription as a defense. However, on many levels, this will be a difficult case for the State. You need to obtain a local attorney with experience in driving under the influence of drugs, not just alcohol, cases. There are special drug recognition experts sometimes involved here, unique issues, etc. A good attorney should get involved early.
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Yes I understand you answer: This would have too fall under #2. Is there a special drug recognition experts that I could use to test my impairment? I can take the medication then have the expert examine me. Also do I have a right to get a copy of the written police reports and drug test results? What is the average wait time to process blood/urine tests?
you have a right to all reports. you need a lawyer for this. i wouldn't hire a DRE just yet and definitely not do any "experiments." the wait time varies by locale/jurisdiction. do you have an attorney?