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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16265
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello I had an accident on Sept 18, I side swiped a parked

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Hello I had an accident on Sept 18, I side swiped a parked car so thank god no one was hurt except me, I apparently passed out and hit my head on my steering wheel causing a large bump on my eyebrow and a small cut that was bloody but ot bleeding down my face. Apparently I was driving down a very busy road which I do remember turning on but a witness behind me says I was all over he road crossing the center line almost hitting car head on and a telephone pole. I do not remember any of this, I certainly would not continue to drive if I knew this was happening to me. Long story shrt, I got arrested for aggravated DWI because the police thought I was driving while under influence of some kind of drugs and its aggravated becsause my 3 year old grandson was in the back seat. I do not do street drugs! I took these prescription meds that morning metoprolol for blood pressure, clonidine for hot flashes, Savella for Fibromyalgia and a Bayer aspirin ast about 8:30am. I also took 2 Dayquil (non-drowsy, non-alcohol)at about 10:30am due to a severe cold, fever and head congestion. This accident happened at 11:45am. I hadn't eaten in about 20 hrs due to being sick, I probably was dehydrated from not drinking many fluids for about 10 hrs. I took a breathalizer it was 0.0% just like I told them it would be, they arrested me took me to the station tried to say i was on drugs. I went to hospital for a bloodtest but yet they never called me an ambulance when they see my head/eyebrow injury but they did ask me what happened to my head. My answer was I dont know I didn't even know I hit my head, that to me says medical attention required. Anyways I have to wait for the drug test to come back which they said takes 6-8 weeks because it goes to NYS police lab??? Oh I guess I made the mistake of telling the police that I take Ambien for insomnia but hell that was 10 hours before my accident even happened plus I have been on my prescribed meds for 2-3 years. What can be done to have these charges dismissed as I am never agreeing to the fact that I intentionally drove my 3 year old around while on drugs, plus I am now under investigation by Child Protective Services? Yet at the accident scene they let my grandson go with my friends who they didn't know from anything and they still to this day have never notified my son and daughter in law that their 3 year old son was in a car accident. What do you feel the outcome can be and does my son have a case to sue police for not notifying them about accident and letting their son go with someone without their permission?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hello,

My name is XXXXX XXXXX I am a NYS criminal attorney.

The result of the blood test will determine whether this case will be dismissed against you or not. Whether you told the police of the ambien or not, if it turns up in the lab test, the case will not be dismissed right out of the box. It is possible that if you bring in a valid prescription showing that the Ambien in your system was prescribed along with documentation from your physician that it is okay to drive when being treated with Ambien, the case could be dismissed. Otherwise, you will have to plead not guilty and fight the case.

If the latter, you should have a lawyer. It's not the best case for the state, but no trial is ever a slam-dunk for one side or the other. Additionally, if you have CPS looking into you on the family front then you'll need legal guidance to keep yourself from harming yourself in the Family venue by saying or doing something costly in the Criminal venue, or vice versa.

As for whether or not your son would have a case against the police would depend on the facts and circumstances of the situation along with whether your son sustained any financial damages as a result of the police having turned your grandson over to your friends without having contacted the parents and without having been checked first for injuries.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16265
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.


Of course Ambien is going to came back on blood test the same as all my other prescriptions for blood pressure, high cholesterol, hot flashes, fibromyalgia will show. I have been on all my meds for 2-3 years so I'm pretty sure I know what they do to me by now. My questions are: 1) I told them I take meds so why did I get arrested in the first place without any medical orambulance being called to make sure it wasn't stroke, seizure, etc instead of just being arrested and 2)do you think I could sue the police for false arrest for not getting me medical attention when I presented with a bump and cut on my head from where I think I passed out and I presented in a state of confusion. I thought it was their responsibility to get medical attention to an injured person at the scene of an accident? Plus there was a witness that followed me stating I was all over the road and I blew 0.0% BAC I did not drink or do drugs, something else happened to me and I told them that but they kept trying to get me 2 say I took drugs.

Expert:  Zoey_ JD replied 10 months ago.
Hello Terri,

I cannot make a judgment call as to why the police didn't think you needed medical attention. But they do not have to take your word for the medications that you are taking.

In order to arrest you, the police only need something called probable cause. Probable cause is just a reasonable belief that you may have been driving while under the influence. That's a very, very low standard of proof and your appearance to the police at the time they encountered you may have given them that. If you looked disoriented and dazed, these can be signs of intoxication as well as of injury.

I assume that you documented your injuries by taking photos and getting yourself treated. If you have proof of real injuries requiring medical attention and have sustained monetary damages becuase of the police's failure to have you treated, you might want to contact a civil attorney in order sue the county for the police's negligence in failing to get you necessary medical attention. You can also sue for false arrest as well, but only if this case gets dismissed. Any plea you were to take to get rid of this case will make a "false arrest" into a "true" one by definition.

Suits against the county have a short shelf like, and you would need to file a notice of claim within 90 days of the incident to preserve your right to sue. After that, you could take more time for tha actual suit to be filed. So you want to start shopping for a civil lawyer now to get that notice filed.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16265
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you

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