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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116779
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can I add my letter, I prepared, I have a problem with my

Customer Question

Hi, can I add my letter, I prepared JA: What state are you in? It matters because laws vary by location. Customer: I have a problem with my arrest in Show Low AZ. I was in Show Low in August 23, 2016 and was charged with DWI. This all started in the the morning of 21st I was at the hospital I had not been sleeping for about three days, I was there for a couple of hours. I remember going to to bed a little later. And the police report is all I have for what went on the next day. The report says they came to the cabin I was staying in. It was 8am and the neighbors had called the police, I was seeing people in car. And saId that my brother tore up the trailer. The police report says that I fell down, and I have no recollection, refused medical care, and then they left, I would think that they would have taken me to the hospital for sure, I mean that is what I would do. I was in no condition to be alone. Why would they leave me there? So, I had a way of leaving, ie: my car. Still have no idea how I acted. Later in the day I guess I took off in my car, that's when I got pulled over for erratic driving, they(police) gave me multiple road side test, and was taken to the station and blood was taken still have no clue the mind set I was in I should have been taken to the hospital! It was apparent I was in mental distress. All this because the doctor gave me a drug I have never taken before. No warning from pharmacist, or Dr. In the report it says I had missing pills, I use a pill minder. so, now they want me to plead to impaired in the enth degree, and $2500.00, and some jail time. There are many statements in the reports I had No idea, what was going on. I have the reports. Also, they took me home and put my service dog to the shelter, and they vaccinated my dog again which they charged me $95 when she had a clearly visible tags and towed my car to the impound yard, they should not just taken me to the station. I feel like I'm being bullied by D.A. I am not even sure if that was the D.A. she sounded like a prosecutor. My biggest problem with this is I should have gone to the hospital! I have all the reports and can send them in a few minutes. The report is very detailed as to my frame of mind. Sincerely, ***** *  *****  ***** *  ***** JA: OK. To minimize me, please click the down arrow at the top right corner of this box. Customer: I have a problem with my arrest in Show Low AZ. I was in Show Low in August 23, 2016 and was charged with DWI. This all started in the the morning of 21st I was at the hospital I had not been sleeping for about three days, I was there for a couple of hours. I remember going to to bed a little later. And the police report is all I have for what went on the next day. The report says they came to the cabin I was staying in. It was 8am and the neighbors had called the police, I was seeing people in car. And saId that my brother tore up the trailer. The police report says that I fell down, and I have no recollection, refused medical care, and then they left, I would think that they would have taken me to the hospital for sure, I mean that is what I would do. I was in no condition to be alone. Why would they leave me there? So, I had a way of leaving, ie: my car. Still have no idea how I acted. Later in the day I guess I took off in my car, that's when I got pulled over for erratic driving, they(police) gave me multiple road side test, and was taken to the station and blood was taken still have no clue the mind set I was in I should have been taken to the hospital! It was apparent I was in mental distress. All this because the doctor gave me a drug I have never taken before. No warning from pharmacist, or Dr. In the report it says I had missing pills, I use a pill minder. so, now they want me to plead to impaired in the enth degree, and $2500.00, and some jail time. There are many statements in the reports I had No idea, what was going on. I have the reports. Also, they took me home and put my service dog to the shelter, and they vaccinated my dog again which they charged me $95 when she had a clearly visible tags and towed my car to the impound yard, they should not just taken me to the station. I feel like I'm being bullied by D.A. I am not even sure if that was the D.A. she sounded like a prosecutor. My biggest problem with this is I should have gone to the hospital! I have all the reports and can send them in a few minutes. The report is very detailed as to my frame of mind. Sincerely, ***** *  *****  ***** *  *****  Tucson AZ but this happened t in Show low AZ JA: OK. To minimize me, please click the down arrow at the top right corner of this box. Customer: Did you get my letter JA: Has anything been filed or reported? Customer: Yes, I have all the police reports, my thinking is They should have hospitalized me, I was mentally incompetent, and don't know what happened except what the report said, JA: Anything else you want the lawyer to know before I connect you? Customer: I think the police should not have left me, I was having an episode,. And was hallucinating.

Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a defense to your charges, but the law says operating the vehicle under the influence of any narcotic, even prescription, is a violation. So to win at this defense, you will need a doctor to testify that you had no idea what you were doing and that you were rendered incompetent based on that medication. You will need an attorney and you will need to get a report from your doctor who will testify to show you were incompetent and not able to know what you were doing.
As far as the police not taking you to the hospital, the police are not liable for taking you to the hospital if based on their minimal training you did not appear to be in any life threatening situation. So you need to focus on preparing your defense and getting a doctor to testify about this medication they gave you and about how it altered your mental status.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 3 months ago.
Shouldn't they have taken me to hospital,. I mean twice they saw me in one day? Hallucinating. I do have, and records showing I have been, hospitalized and
Therapy.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply. Sorry for the delay, but as you can see I start early in the mornings.
The police may have violated department policy in not taking you to the hospital, but that does not mean they could not arrest you for DUI. Also, under the AZ statutory immunity clause, the police are immune from being sued for this unless you actually suffered some physical harm directly from not going to the hospital.
This is separate from your DUI.
Customer: replied 3 months ago.
Shouldn't they have taken me to hospital,. I mean twice they saw me in one day? Hallucinating. I do have, and records showing I have been, hospitalized and
Therapy.
Expert:  Law Educator, Esq. replied 3 months ago.
As I said above, they may have violated some department policy if they believed you were hallucinating and in medical distress, but that does not change your DWI and also it is not grounds under AZ law to sue them because the AZ law gives them statutory immunity from being sued over a situation like you describe where there was no actual injury or death resulting from the failure to take someone to the hospital.