Discussion in 'The Watercooler' started by SomewhereOutThere, Apr 8, 2016.
Thanks for sharing.
My Mom always said I should have been born in the 1800's on a farm........I need a time machine......
SWOT, I am sorry this is happening to you. It is hard enough to be in a horrific accident, then to have to go through this. I understand the need for strict driving laws, but this is overkill and targets the wrong person/people.....I hope your attorney is able to help you.
This is why I do not drive much. If I take just my IBS medication, it can interfere with my vision. That means I pull over and call husband or my folks or Wiz for a ride. thank you will be wanting drivers ed this summer and I may give up my license so we don't have to pay insurance for me. I have a lot of medications and one stays in the system for 24 hrs, it is why I take it. But it could be a driving while intox even though my doctor says it is fine to drive since it does not make me even close to high feeling and never has.
But I am often scared to drive, mostly because I don't want to be hit again - I seem to be a magnet for others to hit and have been hit 3x by other drivers acting nuts/high/drunk like the guy on Friday. He was acting like he could not WAIT to leave and OH SHI*** she came back how do I get out of this squirrelly type behavior. I am sore but getting better as is Jessi, and MY car was fine but his had some damage he did NOT want to report. He saw my phone and was all "we don't need to report it, ins will just go up, blah blah blah" so something was going on with him.
But I do worry about this. Here they cannot do a blood draw unless you insist on one instead of a breathalyzer. they could breathalyze me till the cows come home - I don't ever drink anything because it messes with my stomach and my stomach is upset enough as it is. Or they can blood test if they see proof of illegal drugs.
I think the ACLU needs to get involved and you might consider contacting them SWOT. This putting it all in the hands of the cops is bogus to me. Cops just don't hve uniform training and the kind of training t hey need to know how to reliably make those calls. This disturbs me greatly.
Susie, thanks. Ive talked to everyone who knows anything. There is nothing I can do.
Susie, depending on your state, your doctor could be wrong. Check your laws. Any drug here can be labeled an intoxicant and Tourette's Syndrome up to the cop and how the judge feels about the evidence and the doctors note I got was necessary but won't pull much weight.
If I am "covicted" (the ticket says it is not even a crime...no, I dont get it) then wont drive anymore. The second OWI is a crime and I'd rather be a functioning person than drive. Because of the accident, I never plan on driving far from my own town anyway.
Thanks for taking the time to respond and be careful.
Susie, if you are on opiods/opiates especially, they will bust you so fast your head will spin.
It's all about drugs of abuse, and painkillers are a biggie
I don't think so, GN. It's about money for the state. These are BIG money tickets and it's not just about abused drugs. They can claim ANY drug has made you tired, even if it doesn't make sense. Then it's up to you to get out of it. Good luck.
SWOT - did they ever figure out, medically, why you crashed in the first place?
Ran tons of tests. I mean I was in a trauma center. They found me healthy. Seriously, I had to have fallen asleep.
I think a large part of this is a society that wants to get revenue for anything. My SO is 62 and two years ago when we were leaving a rodeo he had to go to the bathroom - urinate. As any man in West Texas would do, he went beside his pickup truck. It was in a far removed parking lot away from anyone and at 10:30 at night. He had not been drinking but a policeman came up and wrote him a ticket. He didn't care that he had prostrate problems, etc. This charge could have been ramped up to a indecent exposure and he could have then had to register as a sex offender - all for urinating by his pick up which he was hidden by the door. He went through heck and two years of legal fighting before getting it removed. We are at a point now though - much like the medical chart - that once something gets on that almighty computer it's hard a heck to erase. I'm sorry for you. You are right - many, many people take medications. I just think in some ways we are moving to a police state. But I won't start on my rant ...
GN and SWOT -
Have you thought about asking your doctor to give you a letter detailing your medications, etc. that you could carry with you and show to the police in case there is an issue?
These things are not a joke. A very good friend of mine almost lost her license after a minor accident. The officer decided she was impaired because she looked distracted, etc. when he was questioning her. My friend is deaf and her hearing aids were knocked out during the accident! She didn't even know the officer was speaking to her. My H was able to save her license but she did have to pay a fine.
Good luck, SWOT...
That's a good idea. Several years ago, up in Rhinelander, I skidded out on the access road to the trailer park I lived in, and hit a tree. (Black ice).
The cop who responded to the accident REALLY wanted to bust me for OWI. He put me through the field sobriety test, which I have trouble with due to physical disabilities. Luckily I passed that.
Bright sunny day...then he noticed that my eyes were slightly dilated due to a medication I take for tremors, and he was off to the races, and I was off for a blood test.
They tested for every drug of abuse known to modern man, including benzos, which I showed as having trace amounts of in my system, but did not test for Cogentin, which was the medication causing the dilated pupils. Luckily, after a long convo between a doctor and the cop, it was decided that amount of benzos in my blood stream was not enough to impair my driving. Left the hospital in the cop car and drove to my place (my truck still blocking traffic on the access road this whole time.) where I provided proof that the 2 benzos found in my blood stream were prescribed to me.
I narrowly escaped an OWI on that one. Interestingly, I got pulled over up here while still staying with (RIP) BFFs and apartment hunting for speeding (3mph over, yet! Got a warning) and the officer asked if I had any drugs on me or in the vehicle. I told him, "Only what's prescribed to me." He asked to see, so I dug the bottles out of my purse, he looked at the labels, and told me NEVER to carry any of those medications if they were not in the original RX bottles, since even if the drugs are prescribed to you, if you are carrying them loose, you can still be arrested for possession, or intent to distribute, depending on how many pills you have.
My doctor already gave my lawyer a letter, but i was told it hasnt helped others. It is really up to the cop, the DA and the judge and this type of ticket, even when absurd like in my case, is very seldom downgraded. Its all part of being tough on the driving impaired. They are ticketing anyone with any type drug in their system and you have to prove you were not impaired. The laws have tightened. GN, im glad you yot off. It once was never an OWI if thevdrug was prescribed. It no longer matters. At all.
They are pretty much saying "yes, your dose of drug was not high, but for you it was an impaired dose. If not, you wouldnt have driven off the road after driving crazily."
The fact that I'd taken this drug for twenty years without so much as a ticket before this accident is not significant. And I don't remember anything. I most likely fell asleep but I cant swear to it under oath and be telling the truth. I have amnesia of the entire day of the accident. And many weeks after too.
I should just be glad I didnt die. But I spent a lifetime deliberately not breaking the law in any way. This stings.It is a label I can't
get rid of and in my opinion don't deserve.
My heart goes out to you.
Giant hugs, SWOT.
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