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Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was charged with a 23152 (A)/VC/M five days ago. I was sleeping

Customer Question

I was charged with a 23152 (A)/VC/M five days ago. I was sleeping in my parked car, when the police came. I gave a breathalyzer test 4 times and I told them to give me a blood test. I found out a 23152 (A) is alcohol and drugs! I don't take or do any illegal drugs, but I am prescribed Adderall. Is that why it is considered (A)?
Should I call the DMV for a hearing to justify that I was not on any illegal drugs or prescription pills? I have all my documentation of being prescribed Adderall and can get a note from my Dr. Should I have a DMV hearing about this and this something I should bring up in my Criminal Case?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 4 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear that. So to be entirely clear, you did not have any alcohol in your system? And was your vehicle "cold"? That is, you mentioned that you were sleeping in the car, but had you driven it within the previous 30 minutes to an hour prior?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. Once you respond to my follow up question, I will respond as soon as I can. Please note that I may be assisting other customers or otherwise out of the office (depending when you respond). Thank you.

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