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Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16379
Experience:  13 years experience in criminal law, BA in criminal justice
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First and foremost,I have been in horiable pain for 7 years

Resolved Question:

First and foremost,I have been in horiable pain for 7 years with 3 discs that have desenergrated,surgury in Jan..I Drove home from pharmacy,CVS,have a receipt with the time of 4:47.As i was leaving I took two pills of soma,knowing this medication well for i had been taking it for a year.Soma has a peak at 2 hours.My home is 11 minutes from pharmacy.At 10 minuted I fainted and hit a iron fence I was able to stop car.The fainting was diagnoised as a sleep disorder,for my internist sent me to an over night sleep clinic.I have to take a new medicine for this disorder.After I hit the fence a neighbor called police.THis produced a dui.I was in a daze when she,officer watched me fail the test.Off I went to jail for the night.2 hours after accident they took my blood and found 9ug/ml of carisposial and 11memoprobrate,right at the peak of this med, Soma.Need to get out of this maybe have my lawyer talk to the DA.What do you think, what is the angle.THE DA has a toxicologist that says my med. was at a high number.What do we say to the DA?Thank you
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Legalease replied 6 years ago.



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?)





Customer: replied 6 years ago.
6 years ago i had a dui due to alchol,i attend aa 3 times a week
Customer: replied 6 years ago.
Sorry one of my children walked into the roomI have five and when they get older they multiply,girl and boy friends and we r getting close to a marriage.when I had my DUI our daughter was killed in a horse accident.then I became a drug and alcohol counselor. I deseaved the first one but as I say there is nothing I did wrong. So your answer is yes. Other than that zero and no tickets..The doctor has alredy done that I was found innocent at the DMV hearing and I got my license back
Customer: replied 6 years ago.
I am not sure that you received my reply,My internist diagnosed the sleep disorder than i was sent to sleep clinic and all is documented.above i stated that in CA. the DMV is seperate from the court system which worked well for me.My doctor wrote a or I should say repleid to a long questioner. i was found innocent by the hearing officer they call it the dmv hearing.Every medical aspect was supported but he didnt address the soma because it was imposiale for that drug to affect me so soon.However he will write another letter or couldnt the judge speak to him?yes 6 years ago i had a dui with alcohol as substance.this was after our daughter died.I had two large glasses of wine and drove it was rainning hard and i was pushed over fighting for a lane i pulled over and went into a ditch. I paid my dues and did 400 hrs of community service i only needed 300 and i had to do them at my home due to my back.Ok
Customer: replied 6 years ago.
Checking that you have received adequate info.,sorry for spelling mistakes forgot to spell check
Expert:  Legalease replied 6 years ago.

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.



Customer: replied 6 years ago.
Antibiotics.within 24 hours she will feel better and Benydril(sp?)to help her sleep.I have 5 kids..last part of Question,the DA has a toxicologist to testify against me.There is not a lot of research on this drug but the begining of half-life peaks around 2 hours and thats when they took blood if a person who drinks did something exactly at the time they swallowed what then blood is taken 2 hours later or is there a law stating you cannot take this kind of medication and drive?How is the DA going to attack?THank you hope she feels better!
Customer: replied 6 years ago.
there was a witness who said I looked disoriented and i was slumped over steering wheel.i remember that i felt so tired,.had not sleept in days well a few hours every night and then it hit me.
Expert:  Legalease replied 6 years ago.

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.



Edited by Mary M Esquire on 12/2/2010 at 1:21 AM EST
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