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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My Wife was stopped recently and cited by the police for a for DUI although her blood test

Resolved Question:

My Wife was stopped recently and cited by the police for a for DUI although her blood test and urinalysis indicated she had nothing in her system. She is a diabetic and her blood sugar level dopped causing her to be disoriented. Although this was explained to the arresting officer she still has to make an apearance in Muncipal court to answer this charge. We have available to us her medical records identifying her condition as a diabetic, listing of prescribed prescriptions and emergency room test results and doctor's release identifying this as the cause of her disorientation. What other recourse do we have in disputing this charge? We have a pending court date for late July
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information.

Diabetes is a condition that can mimic intoxication and the officers have no way of really knowing what the cause of the behavior is.. When the tests come back negative for drugs and alcohol, she will still have to appear in court, but upon providing a detailed letter from her doctor about her diabetes the DA will dismiss the charges and if she gets an attorney now her attorney can go before court to the DA and get the charges dismissed based on the diabetes (the DA will not speak to a defendant directly in most cases because they do not want to violate their 5th Amendment right against self incrimination or their 6th Amendment right to counsel and anything she says to the DA if she makes a mistake can be used against her, so most DA's just refuse to speak to defendants directly for that reason).

If the tests were negative and she brings in a letter from her doctor detailing her diabetic condition and how the symptoms of a diabetic episode can make a person appear intoxicated it will be dismissed.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89657
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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