QUESTION

Can I get acquitted if the drugs I use are prescription?

Asked on Jan 28th, 2012 on Criminal Law - New Jersey
More details to this question:
I got a DUI for RX pills but didn't have the rx bottles on me, if I can prove they are legal can I beat this case? I was arrested after a fender bender in the rain for dui, for rx meds (no alcohol), and I had some pills in my possession but the rx bottles were at home. I was also given reckless driving summons and charged with possession of illegal drugs(SOMA and Xanax), if I produce the rx bottles and medical records necessary, do I have a chance at having these charges dropped? I don't believe I was intoxicated, however, my doctor just recently doubled my dose of Xanax the week before and I filled the rx for SOMA the night before. I took both of them together, for the first time the day of the accident so my body had not had time to acclimate itself to the new higher dosage of Xanax yet but I felt ok to drive. I have prescription from my doctor to back my claims. This is my first dui offense. I gave a urine sample to the wall township police and the breathalyzer was zero. I hold a medical license that can be revoked as well because I'm told one of these charges was felony. I'm new to this whole process and any advice would be much appreciated. Thank you.
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2 ANSWERS

Criminal Defense Attorney serving Millburn, NJ at The Gorman Law Firm
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The fact that the drugs at issue were prescribed is of almost no legal significance. The issue is whether those drugs caused impairment.
Answered on Feb 15th, 2012 at 3:34 PM

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Gary Moore
You mention a medical license. You need to hire an experienced and skilled criminal lawyer, like me. Secondly, it is very difficult to prove someone is under the influence of a drug. Police officers are not doctors and the officers who are so called "drug recognition experts" have only weeks for training for that designation. Assessing your situation requires a lot more details/facts. You need to confer with a criminal lawyer immediately.
Answered on Feb 15th, 2012 at 1:23 PM

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