[jnelson702]

I have been on Felony formal probation for 2 years from a Residential burglary charge (1st degree), In California... It was not a normal case, It was drug related... I was picking up from a friend whose sister did not know I was allowed there... I received 6 months for the case and served 6 days. 10 months ago I received a DUI-drugs for prescription medication... I have been prescribed oxycontin for 3 years and have proof. I was pulled over because someone had called and said "a vehicle matching my description had driven over a divider on a nearby freeway" I had told the officer I was coming from school not the freeway.
I was then given a field sobriety test barefoot on a rockyroad with officers laughing at my feet. Then after they searched my car and came up empty handed they used my cellphone to call my girlfriend to ask her "what drugs does your boyfriend do?" she replied none.
It was 4/20 so they thought I was high, I was taken in to give a blood test, and tested positive for prescription medications. I spent 9 days in county to try and get it over with, but bailed out because I decided to fight the DUI to avoid a probation violation.

I was told today I can receive state prison time for this DUI, even though its my first violation, and my first probation officer knows about it... I was recently transferred probation from 1 county to another... I need help. I have an extremely bright P.Defender, I used 2 private attorneys for my last case but cannot afford it now.

I am a full time 4.0 student at a 4year university, and am graduating this semester. I have been going to AA meetings everyday since I was released and have proof, as well as doctors letters, character letters, and am even willing to check into a residential program. Please give me any advice on how to beat this case. It was 10 months ago and I have broken up with my girlfriend who could have been a great witness... God bless and thank you in advance. Pray for me please...

[jnelson702]

Please anyone who looks at this thread/post just add a little something, even if its just your thoughts, I really need some positive reinforcement... I'm beating myself up and at 35 days sober its not a good place to be if I want to remain clean. Thanks in advance again and god bless... especially if your addicted to any painkillers... it's a nasty beast to take down!

[Fr_Chuck]

If you had good attorneys before, if you were "allowed" to be where you were by a friend and his sister did not know it, that case should have easily been thrown out, so there is a lot more to that story but anyway

So you tested positive to a drug you have a prescription for, that does not mean you were not DUI, because if you had that drug and were driving you may well have been DUI, just because the medication is legal does not mean you are allowed to drive while taking it. If prescription drugs make you over limits where you are impaired you can be still charged with DUI. Beer is legal but if you get over limits you can be charged with DUI, same with prescription drugs.

So the amount in your blood , to make it over an impaired limit is the issue.

Next of course is the validty of the traffic stop, you need to get copies of the BOLO ( be on the look out) that the officer said they had for a car like yours, since that was their reason for the stop, if there is none, their stop may get thrown out.

[twinkiedooter]

Did you have written permission from your PO to take the oxy while on probation? Just a thought as most PO's won't let someone on probation take oxy as that's usually a no no. Just a thought.