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I was arrested January 2017 for 2nd offense DUI. Since that…

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I was arrested January...

I was arrested January 2017 for 2nd offense DUI. Since that night, I have been sober and attending AA meeting regularly. My conviction was June 2017. Since that time, I have undergone court ordered after care, and have received written kudos for being a model of sobriety to the other court ordered participants. I also undergo non-court ordered individual counseling. All my probation fees are paid in full, and I have an excellent relationship with my probation officer, as she say's, "I make her life easy". My problem is that I am court ordered to undergo (2) weeks of In-patient care at the Tewksbury, MA DUIL program, and have now failed admittance 3 times due to high blood pressure. After my first non-admittance, I went to my Dr. immediately and have been dilligently following my anti-hypertension therapy, which is clearly documented and accepted by my PO and the court. Still, yesterday, I went to DUIL for the 3rd time and failed their blood pressure guidelines (my BP was 200/110) for the third time. I have a heriditary condition for classic "whitecoat syndrome" where my BP spikes under duress. As stated, my PO and the court have been understanding of my condition, but this starting and stopping is making me physically and mentally ill. Do you know of a way to have this condition, the 2 week in patient, lifted? I just do not see that they will ever accept me due to my blood pressure, and I've tried everything to get it under control. Help?

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

I was convicted of 2nd offense driving under influence

Lawyer's Assistant: In what state did the DUI occur?

MA I was sentenced to 2 years probation, court ordered aftercare, fines, 2 week in patient.....I have over-complied with every condition, but the specific in patient program in Tewksbury, MA has a very strict blood press limit, which I have failed 3 times now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

As is said, I have a record of sobriety since my arrest, have complied with everything, and have a good relationship with my PO....I just keep failing the entrance to the 2 week program because of my medical condition-high BP

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 hour by:
3/26/2018
Employment Lawyer: Zoey, JD, Lawyer replied 3 months ago
Zoey, JD
Zoey, JD, Lawyer
Category: Employment Law
Satisfied Customers: 31,333
Experience: 18+ years of NYS litigation experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Employment Lawyer: Zoey, JD, Lawyer replied 3 months ago

I'm sorry to hear of your situation. I'm sure you know that because of the fact that this program is part of your sentencing requirement, probation can't sign off on you until it's completed. And though everyone knows about your health issues and nobody is suggesting that you have done anything deliberate to exclude yourself from the program, if it is at all possible that you can get accepted into this program, that is what the court is going to want you to do. Eventually, they will say enough is enough and drop the requirement, but not until they are convinced there's no alternative.

So how do you get this matter addressed? It will come down to your lawyer and your doctor. I'm sure you're right that you're never going to be able to qualify. Try to get some documentation from your doctor showing there is nothing further that he can do with you to bring down your blood pressure into acceptable range for the DUIL program, and some documentation that the additional stress is causing you further medical problems as well. Sign a release with your doctor so that he can explain that to the judge if necessary. Then give what you have to your lawyer who can push for getting this program requirement lifted. If your lawyer can find an out-patient program which can give you the same benefits as the in-patient, he can propose an alternative program which, when proposed with the medical evidence, would hopefully cause the judge to relent now rather than much later.

In my experience, when a doctor lets the court know that what's going on jeopardizes the health needs of a patient, the court will back down.

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Employment Lawyer: Zoey, JD, Lawyer replied 3 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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