Yes, I said I wasn't ccoming back, but.....I need some questions answered because I'm frazzled and impatient and won't be ble to obtain a lawyer for a couple weeks at least, so I'd like some input to put me at ease and to know a bit more about what to expect. I got arrested AGAIN!! This time, I think I'm guilty (last time, I was NOT guilty....but I don't need nor want to rehsh that)- and NO, I have not yet been to court for that matter, so I have no update in that regard.
OK, so I was arrested for suspicion of DWI, they assumed I was drunk so this is what spurred the arrest. I wasn't drunk, as proven ABSOLUTELY by a breathalyzer, coming up at 0.00 twice. I was then given a blood test to check for drugs. I DO NOT do ANY illegal drugs so NO worries there, but I DO use prescription drugs ( serious narcotics ) and have legitimate current prescriptions for everything I take.
I will not know the result of the blood test for about 2 weeks. So, no info there yet, but I promise to post as soon as I get results. I can't wait!!
I am DEFINITELY getting a lawyer to handle this because it's quite serious punishment-wise and would have serious implications in many ways.
My charge is called something like "APC"-Actual Physical Control-I was inside the vehicle, the keys were in it but I was NOT driving/moving. Kinda like the Everybody Loves Raymond episode where Deborah is drunk and naps in the ar and gets busted for DWI....anybody remember that one??!!
This is my ONLY charge in this matter.
So, here are some questions.
They did the blood test about 4 hours after I had used ANY meds. The meds I used that day were as follows:
1 OxyContin 40mg and Xanax 2mg at 7 AM, Xanax, (2) 2mg pills again at about 4-5, and the prescription I was picking up at the time, Soma 350, of which I took 2 at about 6:45. The arrest ws at about 8:30, so that fact alone puts me at
1 hr and 35 min of time of taking NO meds, whatever was in my system was on a decline (correct?). After all the formalities, the field sobriety tests, searching my car, running my license and insurance, yadda yadda, another hour at lest passes by the time I'm cuffed and stuffed. Then factor in the drive to the cop shop. Upon arrival at the police station, I was questioned for a while, given MORE field sobriety tests (I dunno why, I think they get a kick out of it or something!!). Then came the brethalyzer. Brethalyzer shows no alcohol whatsoever. So they have to call and wait for a nurse to show up to draw blood. So by this time, as I said
my best guage of time was that it had been around 4 hours since last taking any med. QUESTION: How fast does Soma degrade and dwindle in your system?
Question: Do they have to go by what the blood test comes back as saying, even if it says "zero"? Or can they somehow re-create/calculate what they feel the intox level was at the time of arrest? I told them what prescriptions I take (plus they saw the one that caused the problem in the first place right there in the car with me), so I assume they are doing a test for ALL drugs, both illegal and legal? The only one that I'm even remotely worried about being in my system at a recognizeable higher level is Soma, is there even a test for that?? It's kinda an oddball drug, it's not really typical, not like an opioid or benzodiazepine. I'm not even sure what it is classified as, I will check that out. Just wonderin'.
Is there an acceptable level of prescription drugs allowed in your system, as in an established maximum, like how alcohol has a legal limit of .08? People get tolerances to these drugs, so what I take regularly could easily kill someone else. Is this taken into consideration? I know the same is true for alcohol (tolerances) but I would think with meds it would be different because there is just so much solid proof that tolernces go up and meds are routinely changed and increased over time due to this, it's a simple medical fact that is easily proven and well known.
The reason I am so unsure of what I just asked above is because the warning labels say "Take care when driving"....NOT "DO NOT DRIVE, IT'S ILLEGAL", so that made me think that there may be a tolerated level, as of course if it were outright illegal, wouldn't the warning labels say so?
Will the charges be dropped if the blood test comes back clean or within an acceptable level?
They can't charge me with anything else related to this incident, correct? I mean, if the test comes back in my favor, they can't charge me with something else just to "get" me on something, right? It's a one-time shot, correct? If they don't get ya the first time, there's no going back and thinking up something else, right? I don't know what they could possibly think up anyway as my license, insurance and registration were all perfectly legal and they conducted a (fruitless) search of my car, but I just want to be sure.
Anyway, I spent 4 lovely days in jail untill I was able to get bailed out.....
So, about my jail time: I did not have my meds the whole time and suffered horrible withdrawals. They offered no help after I pleaded with them to help me get my meds. They DID take me to the hospital the secind day, but I was given paper prescriptions that I was NOT allowed to fill because I was not allowed access to my money that was in my personal property at the jail and they would not or could not do anything to get the prescriptions filled for me. Can I do anything about that? I told them from day 1 that I take SERIOUS meds daily and I was suffering from withdrawals and pain, told them time and again, to no avail. I could not eat nor drink ANYTHING, nor did I sleep a wink, it was a horrible experience. The ER Dr told the officer that escorted me to the ER that I had a high risk of suffering seizures while withdrawing, so he was made aware of this fact. I didn't have one, thankfully, but it was HELL nonetheless.
Sorry this post is quite long, but I have a lot to get in here!! Moving right along...Upon my arrest, the car was impounded. I AM NOT the registered owner of the car and they KNEW this, as they did a very thorough search of the car and checked all paperwork (registration, insurance and license).....so they definitely saw that the registration name did NOT match the name on my license. I was NOT permitted to notify the reg owner (I most assuredly asked!!It was my first thought when they said "impound"!!). They did not even attempt to contact the reg owner, did not mention it once, had NO intention of doing it, even though I brought it to their attention.. From what I understand, isn't the process 1. find out who registered owner is, and 2. give them a chance to pick the car up? Even after impounding it, the reg owner was NOT contated by any method (phone, mail, etc) as to 1. the fact the car was being impounded and 2. where the car was. HE had to track it down. The car would have been sold at auction after 15 days if it wasn't picked up. And as you know, the fees increase daily, so not knowing that your car has been impounded, and on top of that not even knowing WHERE it is is quite significant. Does the registered owner have grounds for a lawsuit to at least recoup what he had to pay for towing and storage, and possibly more for the way the tow/impound business conducted themselves?
If the above paragraph is something that I need to investigate further, I will post another question about it in the Small Claims section, as of course it would be a civil matter and no need for a lawyer. I would just need to know what all he could sue for, if anything, beyond just recouping what he had to pay to regain posession of his car.
I thank you in advance for any help.
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