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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26805
Experience:  Active member of the NYS bar since 1989
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I was ran of the road in Essesexville. My car was totalted.

Customer Question

I was ran of the road in Essesexville. My car was totalted. I hit a tree. The cop gave me a breath test and I pasted. He asked me if I was on any medications. I said yes, I have a scrip for those. & monthd latter I get a summuns for driving intosicated. I NEED YOUR HELP. They claim I got a dui in phoenix Az Twice in two days. This mess in Mich makes it three, therfore a felony......Cand you Help???? Thank You......Marlin Hartman
JA: What state is this in? And can you tell me a little more about the charge?
Customer: The state was Arizona. The cop gave me a breath test, which I pasted. He then asked about meds, and I told yes. Percription meds. I was charged with driving under a controled substance Prozac and Xanax.
JA: Has anything been filed or reported?
Customer: I appered for Charged Offenses. Settlement Conf is set for 10/28 @ 8:30
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was not Intox.I had my Az licence taked and charge with not changing address, which I paid online for 110.00
Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now.

What is your question with regard to this incident?

Customer: replied 9 months ago.
I was ran of the road. I have a fealing who did it, but have no proof.I have a brother who tryed to kill me in 1/29/11.With a knife He claimed insanity and got 5 years in :happy arces in Yipslant. Got releaset, like nothing happened. I seen him just 3 days before I was ran off the road This guy is out to ruin me. Both our names is Darwin Hartman..................Mine is Marlin Hartman. With the court house being so disorginized it it possible that they have the two stupid names confused. Darwin has a rap sheet a foot long.Could the prosacuter be angry that Darwin got a slap on the wrist for the attempeted murder??????
Expert:  Zoey, JD replied 9 months ago.

Are you saying that none of these three DUIs are really yours?

Expert:  Zoey, JD replied 9 months ago.

Even though you are taking controlled substances legally according to your physician's advice, you can still be charged with driving under the influence. Any amount of a medical intoxicant in your bloodstream could result in an arrest.

Whether you can be convicted of this charge is an entirely differerent matter. In some jurisdictions with proof of a valid prescription and with something from your doctor saying that he felt it okay for you to be driving, a case could be dismissed. Here, because there was an accident involved, in my experience the prosecutor would be less inclined to drop or reduce these charges without additional evidence.

So if those two out-of state DUIs are not yours, that would be important to your case. Similarly, the fact that you were run off of the road could also be important.

However, the state does not just rely on names when they charge someone with a crime. They take fingerprints and photographs. So if the two Arizona convictions do not belong to you, they would not have your prints on them or your mugshots in the court papers for those cases.

Expert:  Zoey, JD replied 9 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.