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    I am a disabled woman, my back went out one night from moving hay. I was in town all day the next day and was in severe pain from not taking m y medication. I went in to a convienience store that p m to get my boyfriend a beer after work and two cops observed me using the counter to stabalize myself. . They allowed me to drive accross thier town to pick up my boyfriend while making no traffic violations at all and pulled in 10minits later on private property and arrested me for a dui .

    I was taken to a holding cell for 9 hours before they decided to take my blood .by that time Iwas in such bad shape I had to go by ambulance for my bloodwork because I was unable to walk. .The police made sure they put in the report how I defacated on myself. (first sign of a bad back) When I was released the following am I had to go by ambulance to the hospital , I could not walk at all. I was given a Mri which showed a herniated disk and was scheduled for emergency back surgury 3 days later. I have paid my lawyer1300 dollars which I only get 675 a month so it was hard on me , what would be my best way to fight this? do I have a chance of winning? medications will stay in your system for days . Don't mean I took them that day cause I only took a am dose an wa s picked up at 10:00pm taken for blood work hours later. Despeatly seeking advice!Deby

    +1  Views: 505 Answers: 3 Posted: 13 years ago

    3 Answers

    If there was no alcohol in your system,you don't need to worry as for prescription medication your Doctor can back this up with a medical report.Rushed in for surgery is proof enough that you were legitimately in need of medical assistance,keep all medical reports from hospital,i think you will beat the charges.

    You would need to take care of yourself first, and I mean your health.  After you're well again, then you can think about fighting this battle.  Of course, I would take the police department, and the two cops, to court.  To ask for testing 9 hours after the fact is ludricous.  Their department is in trouble and they know it.  Subpoena your doctor who prescribed you your medication when you go to court.  If you've not had any arrests regarding drinking, I feel you have a great chance to win this case, as well as some compensation for your pain and suffering.  If you have told the absolute truth, you're going to win.  Good luck.  (Don't take my word for it.  I am not an attorney)


     

    It's hard to believe you weren't given some sort of field sobriety test before being arrested.  If you were on meds that compromised your speech and motor skills, you may have failed the test.  If your meds carry a warning about driving, you shouldn't have been driving in the first place, and you already know that. 
    Why didn't your boyfriend go get his own beer.  Why was it necessary for you to be in town ALL DAY, and why didn't you get an OTC anti-inflammatory to help with the pain. 
    There are some big holes in your story.  Too big.



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