Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

On 02/24/12 at 11pm I was cited for misdemeanor DUI for prescription

drugs(23152(A)) after involved in a...
On 02/24/12 at 11pm I was cited for misdemeanor DUI for prescription drugs(23152(A)) after involved in a small fender bender in Orange County, California. Officers didn't seem to notice anything but asked, as a routine question, "Have you had anything to drink tonight?" I said, "Nothing to drink but I'm on prescription medications." My insurance contact said I didn't need to volunteer that & I probably would've walked away had I kept my mouth shut. But I didn't think I had anything to hide since it was prescribed and I'd become 100% used to the effects after taking the meds for over a decade. My meds. warn, "This drug may impair your ability to drive or operate machinery. Use Care Until You Become Familiar With Its Effects." I've been on these medications for years and I'm used to the effects such that I'm not at all impaired while driving and I haven't had a problem with tickets, no DUIs, no calls to CPS over the care of my son whom I've got 100% custody of & have had for the past 12 years. I began taking meds in 1997 from a psychiatrist and pain-relieving medications from my family doctor for a back injury in 1983. I'm a safe & defensive driver. I must say that the fender bender would've happened whether I was taking prescription medications or not due to parked cars blocking my view to the left as well as the woman who hit the front of my bumper was driving very fast in a parking lot. This fender bender had nothing whatsoever to do with my taking prescription meds. I worked as a scientist in a chemistry and microbiology lab without a single safety incident over the nearly five years I worked there until I had to quit due to a nervous breakdown caused by simultaneous major stressors culminating with my perceived probable loss of any custody of my son & my ex-wife's threats to take him to live with her in Vietnam(VN) where he would've been forever discriminated against & beaten without any chance for an education higher than 6th grade, no promotion over any pure blooded Vietnamese(Vns). The so called "AmerAsian" people living in VN are considered the lowest of the low as they have in their blood the worst of our two nations: the Vns mother is a whore who betrayed her own people and the father is a hairy American who's lust makes him the same as a wild animal. The offspring children of these two people are considered to have the worst traits of both peoples & so it's acceptable to discriminate & have citizens not intervene in a gang of Vns people openly beating an AmerAsian person on the sidewalk. This was the tipping point for me to have a nervous breakdown. However, after the judge ordered a family psychologist to give him a report, the PhD had recommended 100% custody to me and she knew about the prescription meds I was taking, however, even so many years ago, I'd become used to the effects of the meds and so it wasn't an issue. It's never been an issue until now. And even so, I contend it played no role whatsoever in the fender bender. Nevertheless, I can guarantee that I'll be driving with extreme caution from now on, now that I know how severe the penalties are for DUI. I've simply never considered myself impaired while driving, evidenced by the lack of driving problems in my records at both the DMV and CPS. If my meds impaired my judgement, I'd have many DUIs & tickets and calls to CPS & probably have had my son removed from my care. Instead, he graduated on the Honor Roll in the 9th grade even though it was a new school for him & he only knew one person his freshman year. My son wanted to attend this particular high school and so I moved us within its jurisdiction so he could attend. As a 10th grader, he's a popular musician and a member of the Academy for Performing Artists. My record is not the record of an impaired father over the course of 15 years (when I'd 1st begun to take meds from my psychiatrist & family physician).
I forgot to mention, the officers questioned me for about 2hrs before reading me my Miranda Rights. I told the officer I didn't want to say anything without an attorney present. He laughed & said,"Then I'm not going to ask you any questions." Yet they'd already had 2hrs of answers for all questions they asked before he read me my rights. I assumed Miranda must apply only for felonies.
I now know I'll need an attorney but I'm poor.
Can you please tell me:
1) How to get a public defender(PD) & if possible, fast enough to talk about the DMV hearing?
2) What's going to happen when I call the DMV for a Hearing, how soon after will it happen?
3) Heard PDs are not very good, so have you any advice for me to keep him/her on their toes? Any Rx-DUI Precedent info. you know of?
4) What's the worst, best & probable(a non-binding guess only) that'll happen to me in court?
5) What should my realistic goal be?(I can't stop taking the pain meds yet I need to continue to drive for my son, parents & self.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 9 hours by:
3/1/2012
Fran-mod
Category: Criminal Law
Satisfied Customers: 48
Verified
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
Hello Fran-mod,

Yes, I'm still waiting for an Expert.

Thank you. :)
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
I just signed up for a DVM Hearing on the Administrative Per Se & is set for April 11, 2012.
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information! Fran sent your question my way and she has asked me to take a look at it. I'm sorry that you haven't received an answer until now. It may be that others have not engaged your question as it's extremely long relative to price and, at some points, it exceeds the scope of what we can do in this forum.

Regardless, I've spent the last several minutes reviewing and researching your question and I have provided some valuable information below. As you review this answer, please keep in mind that I only get credit for answering your question if you click Accept, so I'd be grateful if you'd do so. You'll still be able to ask follow-up questions using the Reply feature.

1) How to get a public defender(PD) & if possible, fast enough to talk about the DMV hearing?
You can request a public defender at your first court appearance. Public defenders are available for individuals who cannot afford attorneys. If it's determined that you are financially eligible for a public defender's assistance, one will be appointed for you.
An individual cannot get a public defender for a DMV hearing. This is because the rights affected are different (considered to be less, as driving is not regarded as a Constitutional right) than for the criminal charge. Therefore, a public defender can help with a DUI, but not with a DMV hearing. However, you may be able to find an attorney who will represent you for that purpose only.

2) What's going to happen when I call the DMV for a Hearing, how soon after will it happen?
I see that you no longer require an answer to this question so I'll move along.

3) Heard PDs are not very good, so have you any advice for me to keep him/her on their toes? Any Rx-DUI Precedent info. you know of?
It's not really true that PDs aren't good, though there's a common perception that they are less competent. In reality, PDs are usually very competent attorneys. They see a lot of cases and they know the law. Many, many, many attorneys in private practice start as public defenders or prosecutors, actually. However, due to funding limitations, they often have less time for each individual case. Therefore, you're likely to get less personal attention from a PD. Really, there's nothing you can do about that other than get your PD to like you, show an interest, and ask the PD to give you as much attention as possible while explaining that you understand he/she has a heavy caseload.
Unfortunately, case law research is beyond the scope of what can reasonably be performed on JustAnswer, as it is quite expensive and time-consuming, as well as highly fact-dependent. This is something that your attorney will do for you.

4) What's the worst, best & probable(a non-binding guess only) that'll happen to me in court?
I cannot provide an estimate as to your probably outcome. Your attorney will help you to determine what your reasonable expectations should be, as that depends heavily on the details of the situation. However, the best case scenario would be dismissal. The worst case scenario would be a conviction with maximum penalties. Penalties could include 3-5 years of probation, fines and fees, a 6 month driver's license suspension, DUI school, 48 hours to 6 months of jail time.

5) What should my realistic goal be?(I can't stop taking the pain meds yet I need to continue to drive for my son, parents & self.

This is something that your attorney will have to help you evaluate. Unfortunately, this question is beyond the scope of what we can provide in this forum, as it's highly fact-dependent and it's very personal.


I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use Reply to let me know if you have any other questions!

Thank you again for coming to JustAnswer!
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
AttorneyTom and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
9,176 Satisfied Customers
Experience: Attorney

AttorneyTom is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

9,176 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,582 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
It began with a misdemeanor d.u.i. in Nevada 2011, no
Hello it began with a misdemeanor d.u.i. in Nevada 2011, no accident,non violent, non drug. Because of policy change in 2010 my charge was changed to a felony in 2012.I am dual citizen with now a curr… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have a misdemeanor warrant in minnesota will i be able to
i have a misdemeanor warrant in minnesota will i be able to purchase a handgun where i live in arizona … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm in court today at 1330 for four counts of misdemeanor
I'm in court today at 1330 for four counts of misdemeanor credit card fraud They want me to plea guilty to 2 of them and do 3 yrs formal probation I'm an RN for 15 yr first time offense … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x