I am being charged with driving under the influence of drugs?
What will happen to me.
The drug was prescribed by my doctor and he said it was safe to drive with it. But the drug made me tired and I pulled over to the side of the road to rest. The police came over and charged me with being under the influence of drugs.
I would contest that if thats the case, you would win easily
Did you stop in a regular parking place? Why did they even notice you? Did you exit the highway or just pull into the emergency shoulder? Did you take more than prescribed or are you particularly sensitive? Did you tell them you were drowsy from the drugs?
You aren’t permitted to drive impaired by anything. You need to talk to an attorney.
Was the officer aware that it was a prescription?
What kind of drug was it?
How did the officer know you were on this drug/prescription?
Were you successfully able to prove to the officer that it was prescription without the officer having any doubts?
From the officer’s perspective, you have to realize that he’s dealing with someone who is under the influence…thus you could pose danger to yourself or others around you on the road. However, and quite honestly, did you deserve to get arrested for this when the officer in fact knew it was a prescription? Absolutely not. You should not have been arrested for this because your doctor did tell you that it was safe to drive with it. However, if it puts you under the influence, the officer is not a doctor, so he is going assume it might not be safe. And if you were not able to produce a document from your doctor saying that it was safe, he’s only got your word to go on, which might not be satisfactory to the officer. If the officer let you drive off, he’s liable. What he should have done was made you a call a family member to have someone drive you home or wherever you were going to.
In court bring your medical paper & a note from the doctor. A note from the doctor will be HIGHLY credible.
This has happen before
“SAN FRANCISCO – The California Supreme Court on Wednesday upheld the one-year driver’s license suspension handed to a 16-year-old motorist police pulled over after she allegedly ingested a capful of cough medicine to battle a cold.
The justices upheld a 1993 California law in which motorists under 21 automatically lose driving privileges for a year even if a trace amount of alcohol is detected in their blood. The outcome also clarified for the first time that the source of alcohol does not have to be adult beverages.
The motorist’s attorney argued that the zero-tolerance law was aimed at minors drinking alcoholic beverages, not those legitimately taking cough syrup — in this case allegedly a small amount of cough medicine that was 26 percent alcohol.
”It is our position the Legislature never intended to yank a kid’s license for a year simply for taking a normal dose of cough medicine for a cold,” said Paul Burgin, the attorney for Karli Bobus, a Novato girl who was 16 when pulled over in 2002.
An appeals court, while questioning whether Bobus was telling the truth about what she drank, upheld Bobus’ license suspension in January. The 1st District Court of Appeal in San Francisco ruled that ”a minor can maim or kill if they drank cough syrup or if they drank beer.”
Bobus appealed that decision to California’s seven justices, who upheld the suspension without comment.
The California Highway Patrol reported that Bobus, now 18, measured a 0.022 percent blood-alcohol level, the equivalent of roughly one beer’s worth of alcohol.
The CHP said she was swerving and stuttering. She was not prosecuted for drunken driving, which usually requires a blood-alcohol level of about 0.08 percent.
Citing the appellate court’s ruling, state prosecutors urged the Supreme Court to uphold Bobus’ license suspension.
”The Supreme Court considered the appeals court opinion and decided it was well written and correct,” said Deputy Attorney General Raymond Hamilton.
Burgin, meanwhile, said Bobus’ automobile insurance rates have skyrocketed.
Under the appellate court’s decision, Burgin said, it could logically be argued that minors could be charged for illegally possessing alcohol simply by having a bottle of cough medicine, and that adults could violate open container laws when driving with an opened bottle of cough medicine.
The case is Bobus v. Department of Motor Vehicles, S131323.”
Maybe because you pulled over into the median of an 8-lane freeway with your lights off and when the officer opened your door, you fell out onto the highway.