Pending DUI Drugs Citation Need Help Pls

Mine's a tuffie, I think. I was pulled over on September 16, 2008, by a Georgia State Patrol Officer because the police office said I was weaving on the road and it looked like I was falling asleep. He asked if I was tired, and I told him yes, that my baby sister had died two weeks prior, that I was very stressed out, had a lot on my shoulders with helping out my parents and with taking care of my kids. I had been on the go all day and was on the way to take my daughter and I to our psychiatrist appointments. He asked if I had taken any medications that day and I said just my regular daily medications that morning. (I got pulled over at 4 pm). He asked me to write down the medications (Effexor, Lithium, Nifedipine, Neurontin, Metformin). He went to his police car, then I got out, he met me halfway and told me we would be doing a few tests (the sobriety tests). I did the tests and KNOW I passed them. He looked closely at my eyes (I know they were bloodshot, but they stay that way from being irritated from my contacts). Anyhow, then he said I would be under arrest for DUI for drugs. I was shocked beyond belief because all I had taken was my daily prescribed meds. He then told me that we would be going to the hospital to draw blood. He drove me in the back of the police car to the hospital to draw the blood. Then my husband came up to pick up my van and my daughter, and they picked me up at the hospital. The officer issued me a citation for DUI (drugs) instead of arresting me.

The drug test just came back, and the only thing that showed up is my Neurontin and Effexor. I have been taking both for over three years. On their websites, it states that side effects only last a few weeks, so I would not have had any side effect from the medications.

What in the world is going to happen? The lady said I still needed to go to court. Help please!

The cop was a zealot. Go to court and be nice. The judge should throw this out. You will need a lawyer to protect your interests. Do NOT be late or miss this court date.

Do get online and print a copy of the side effects that say it won't last longer than two or three weeks and show him your prescription bottles with start dates. The fact that you were ALSO working to help your parents and have a grief incident so new should sway the judge to drop the charges... but you might get a reprimand for driving with your child while you were in a sleepy state.

* jaw drop*

To the original poster, I took the liberty of emailing you via private message to provide you with factual LEGALLY accurate information (and not just opinion) regarding the very serious charges against you. The scenario you describe is not, contrary to what you may believe, a "toughie" at all. It is rather cut and dried, distinctly against you, unfortunately. And, in my message, I explained why, as matter of law you very well may be facing some stiff penalties.

Please take everything you are told on this site (including my own missive ) to your attorney and ask him or her to validate what you are being told. The answer you receive will make you glad you took the time to ask him/her for confirmation.

Driving impaired is the same as driving while intoxicated. Your description of side effects was unusually limited compared to what I found online. You really need to talk to the lawyer I recommended to see what your recollection versus the cop's visual on you will mean to your ability to drive in the future. The fine for dui is large too, so you may have to check with your doctor about the amount of drugs found in your system as to what effect it may have had... Perhaps you DID overdose? Perhaps you took antacids?

The two drugs that showed up in your blood test BOTH create coordination problems, but neither one actually would cause your driving to be prohibited unless you fail to realize you have overdosed. Then you have a problem. The issue here is that you drove when you were sleepy and that is a side effect of your drugs as well as a side effect of grief periods... Your doctor should be consulted to determine if the amount of the drugs in your system was an overdose.... Ask for an Affidavit from him as to the safe and effective levels of the drug if you had no sign of overdose. Have him include information on how long it takes to clear your system so the judge can see whether the time delay between arrest and blood test would have lessened the blood content. Your doctor should be able to tell you whether it was an overdose or if it was the combination of the death and the stress.

This is from drugs.com:
[color="Blue"]What happens if I overdose?
Seek emergency medical attention if you think you have used too much of this medicine. Overdose symptoms may include blurred vision, drowsiness, weakness, slurred speech, or diarrhea.

What should I avoid while taking Neurontin?
Neurontin can cause side effects that may impair your vision or reactions. Be careful if you drive or do anything that requires you to be alert and able to see clearly. Avoid taking an antacid within 2 hours before or after you take Neurontin. Antacids can make it harder for your body to absorb Neurontin.

Neurontin side effects
Call your doctor at once if you have any of these serious side effects:
increased seizures;
fever, chills, body aches, flu symptoms;
swelling of your ankles or feet;
confusion;
rapid back and forth movement of your eyes;
tremor; or
easy bruising.
Less serious Neurontin side effects may include:
dizziness, drowsiness, weakness, tired feeling;
lack of coordination;
blurred vision;
nausea, vomiting, stomach pain, loss of appetite;
diarrhea, constipation;
dry mouth;
runny or stuffy nose, sore throat;
headache;
sleep problems (insomnia), unusual dreams; or
acne, mild skin rash.
/COLOR]

The blood test did not show any certain level that was found in my system. It just showed that I tested positive for both medications (duh! I have been taking them every day for the last 3-5 years). I always take the prescribed amount, otherwise I wouldn't have enough to last until my next prescription. I take two Neurontin and one Effexor at 7 a.m. and then my other two Neurontin around 6 p.m. I have driven so many times before with no problems whatsoever. I have no drowsiness or dizziness or anything of that sort at all. As a matter of fact, if it weren't for my Effexor, I would still be in a major state of depression where I WAS sleepy with no energy all the time. Effexor brought whole new life to me. I actually feel much more alive and with it and together and alert with Effexor than I ever did not on it. And the Neurontin, I have never felt any adverse effects from that, but I have been taking that for the better part of 5 years now. I take that for Restless Leg Syndrome.

If this is a pending DUI drugs citation, would you have any idea how much an attorney might run?

DUI usually commands a large fee from a lawyer. Something like $5k is what I've always heard, but I'm not a lawyer and you might be in a state with lower fees than IL, so I can't really say. What I can say is that you absolutely need the doctor's testimony in written form rather than in court, but that you MUST have the lawyer to protect your interests. People have been JAILED for DUI when they are not represented by a lawyer who can bring sense to things that are NOT the norm. You need to have your lawyer get the actual blood test results. They DO tell how much of a drug is in your blood. That is the only way to prove DUI... so the COP KNOWS HOW MUCH... why don't you? Because the COP didn't find any overdose situation? Or the COP didn't care to tell you because you can defend yourself with this information and he gets a kickback for his tickets paid? Get the numbers first thing.

I know that grief often causes us to be unable to concentrate on the task at hand, but the drugs' presence and side effects give credence that your doctor must counteract. If he had told you NOT to drive, it would be another story. If you had NOT been on these drugs long enough for the side effects to be lessened as your body became used to them, it would be another story. But you do have that history on your side... and I do still think the COP was a zealot trying to protect people from YOU and your driving problems at that time. Like he would protect people from you eating a sandwich while driving... anything that distracts your attention from the job at hand... but it is not always DUI.

This could be a very scary trip to court for you. Please do everything you can do to protect yourself. Do not think that you can get by on your own testimony. IT WON'T WORK.

And think about this, You don't need to tell everybody your medical history when a simple statement about the death in the family would have sufficed.