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.
You aren't allowed to drive while you're "impaired". I dunno how they prove you were. I dunno how your prove you weren't.
I also don't think it's their responsibility to track down the registered owner of the cars they impound. They just impound 'em, and if the owners find 'em fine. If they don't the cops certainly don't care.
Well I guess the blood test is going to prove if there was any significant amount of anything in my system, but after loking around I dunno if any normal, even extreme, drug test, tests for Soma? I read up on it a bit and apparently drug tests test on what a drug metabolizes into, and Soma metabolizes into something not checked for. It's not an opioid, benzo, barbituate or anything like that, something totally off the wall, I forgot exactly what it is called.
I'm just guessing from what I read they're going to do a typical "Ten Panel"? If so, it wouldn't test for the Soma, but it would recognize the benzo (Xanax) and opioid (OxyContin), but I took those looooooong before the test was done. Over 12 hours for the 40mg OxyContin and probably 6 at least for the Xanax. SO that stuff would've long since peaked and left my system, though not completely of course, but certainly not at a level to show impairement. Not with my record of (legal) use especially, very long-term. Medically I'd be ble to show that it wouldn't impair me that badly (I personally don't think it impairs me at all really, but I could be wrong). I'm not saying I'm innocent either, I did take the Soma and I did feel strangely sleepy, so that's what sparked it all. But they hafta prove it, so if they can't, then too bad for them.
It's also a bit different too cuz I wasn't actually driving, I was just in the car with the keys. So I was just hoping maybe someone else had been thru this before perhaps and could shed some light.
Also I hoped that maybe there was a standard they went by as they do with alcohol, .08, ya know? I mean, with these drugs, what kills one may just normalize another...there's quite a spectrum. Guess that's what the lawyer's for, huh??!!
But does anyone know, if the blood test comes back at zero or extremely low, do they have to drop the case, considering I wasn't "moving" and there was no accident or damage or anything? I'm solely charged with the APC.
Oh, and LOL, I didn't drink the kool aid either!! Not a drop!! I actually thought about you when I was in there!! Yeah it was a major bummer, last time I slept thru most of the day I spent in but this time it was 4 lovely days with no sleep at all Talk about time going by slow as molasses!!
Anyway, it kinda made me realize I need to get some counseling to make sure this doesn't happen again because this was just the worst, and it ain't over yet even!!
But does anyone know, if the blood test comes back at zero or extremely low, do they have to drop the case, considering I wasn't "moving" and there was no accident or damage or anything? I'm solely charged with the APC.
Oh, and LOL, I didn't drink the kool aid either!! Not a drop!! I actually thought about you when I was in there!!
Hello again, pass:
It's my bet that the term "impaired" is the key - not the amount of drugs you had in your system, if they're even measurable. Consequently, I believe the cops testimony will be key.
excon
PS> I woke up in the middle of the night KNOWING that somebody in jail thought about me.
As a officer I was "certified" in sorbriety testing, both lab and in the field. But I have seen non certified officers make thier charges stick, but have even had my own thrown out by a good attorney. We often ( DA) would discuss before court and if they had one of the really good attorneys would try a fast plea agreement before court.
But even if the tests don't show anything, but yes, with all of those prescription drugs, they will show.
So you were not doing anything wrong taking your medication, but if your legal medication makes you impaired, you still legally can't drive.
*** there are 100's of thousands of grandmas out there illegally driving by merely taking thier medication.
so if I was the officer, ( if the DA takes it to court with a clean drug test) I would testify to what I heard you say, what I may have smelled, what was your reactions, did you have trouble getting out of the car, did you slur your speach, did you seem alert.
And based on my expert witness, I have made many DWI stick.
Now the key is of course the exact wording of the law in your state, even the probable cause for the officer to approach your car and talk to you.
You were alone in the car with the keys in your hand but it is your claim you weren't driving or didn't have any intention of driving?
As far as episodes of Everybody Loves Raymond, that's TV, not real life BUT in NY at least if you are in the car ALONE, intoxicated or impaired, you are arrested because it is presumed that you intend to drive.
If you took two 350 mg Somas, and the other stuff, you were in a "Soma-coma", you know how that is don't you? If you even tried to act like you were not impaired, you failed. I know, I'm an addict, yet in recovery. I've taken Roxycodone and Somas at the same time for back and hip pain, and was talking Russian. I do not even know Russian.
Sorry to be the one to tell you, but you probably are screwed. No matter what the tests reveal, the officer probably had you on tape, and even if he didn't, he is a very credible witness.
Oh, I'm not denying any wrongdoing, don't get me wrong!! If I was impaired by my meds then that's it, I was impaired.
But alas, court is a game to be played........excon very colorfully illustrated this fact for me earlier, which was an awesome adventure!! Thanks, ex!!
I haven't got a call-back from my lawyer yet so no news, and the blood test takes 2 weeks to return with results, so it'll be two weeks from 10/4 that I should know my results. I know there's no alcohol or illegal drugs present, only the possibility of the legally prescribed ones, if they check for them even. So who knows, it might come back all zeros and they might drop the case.....might very well happen, I dunno.
Judy, I know ELR is a TV show, I was using it as an example of the crime I was arrested for. Deborah went to jail because she was drunk and she was sleeping it off in the car.....well, my charge is the same thing, my charge is called "APC", not DUI or DWI. Because I was NOT driving or moving, I was parked, car off, but I had posession of the car and keys. I guess the intent of the law is to get people off the road before they ever get on the road because who knows if or when they intend to drive?? Better safe than sorry!!
Judy, in regard to your query, it's already answered above in post 1 and you'll also see my statement that I didn't want it brought up or re-hashed here because this is a seperate thing, it doesn't need to get muddled up, I'd like to get the most on-point tips and help on this topic, and by bringing up other things just slows that down or brings it to a halt, so kindly...... I just want to discuss this topic. If you want to discuss other topics, do it elsewhere or PM me please. Please do not hijack the topic. Thank you.
Judy, in regard to your query, it's already answered above in post 1 and you'll also see my statement that I didn't want it brought up or re-hashed here because this is a seperate thing, it doesn't need to get muddled up, I'd like to get the most on-point tips and help on this topic, and by bringing up other things just slows that down or brings it to a halt, so kindly...... I just want to discuss this topic. If you want to discuss other topics, do it elsewhere or PM me please. Please do not hijack the topic. Thank you.
AGAIN - please do not attempt to direct who will answer your varies questions or in what manner the answers will be posted.
It is not uncommon to look up the past history when answering a question because that background becomes important.
I know you "just" want to discuss this topic. In the past you also wanted to discuss "just" that particular topic.
All of your posts come together to paint a correct picture of your legal problems.
And again, it is my simple request that you please read and comprehend posts before asking repetitive questions and dragging unrelated things and personal opinions into a legal discussion. If you have help to offer, then do so, so far you have not offered anything remotely helpful to this discussion.
A legal question is just that, a legal matter, not a matter of personal opinions. This is the purpose of the Criminal Law section, correct? To gain legal advice and advantage, not gather personal opinions of myself.
If the question is whether or not I have ever been convicted of any criome before, that has been answered, NO, I have NOT been convicted of any crime. THIS HAS ALREADY BEEN DISCUSSED AND ANSWERED. I have no record of ANYTHING other than 3 minor traffic tickets (speeding & lesser). No license issues, EVER. Never been suspended or blemished at all aside from the 3 tickets. I am 31 yrs old and I got 2 tickets when I first obtained my license about 15 yrs ago, and 1 that is about 3-4 yrs old at this point. So from a legal standpoint, that is all that matters, not anything else. A judge is not going to know or so much as glance at anything other than factual information such as my criminal and driving records and the FACTS of this case, of which I stated very openly and clearly. The prosecutor is not going to arm himself with my posts from this site to form a case against me. The case against me is formed by the FACTS of the circumstances and secondarily (punishment-wise, decision-wise) in part by my FACTUAL, HARD, PAPER, history (criminal, driving), nothing more, certainly not from anonymous posts on a website.
I'm not TELLING anyone how to answer my question, just making a request that it stick to the facts, stay legal and stay on topic because obviously anything else is un-helpful and un-wanted, and just more and more garbage to sift through to get to any good answer. If you can't do that, fine, but I will voice my displeasure at ANY non-helpful answers and point to any errors, as that is my right as well, so kindly observe other's rights as you wish yours to be observed.
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.
Talk about time going by slow as molasses!! 
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