QUESTION
Is a toxicology report a good defense for hit and run and DUI charges?
Asked on Aug 20th, 2012 on DUI/DWI - Michigan
More details to this question:
1. I was charged with a Hit and Run and DUI for over the counter and prescript drugs for sleeping. I hit a parked car in 9/15/11. Ten months later, a judge threw the case out due to toxicology report not being back from the state. The report is back and the state is bringing up the charges again. I was pulled over by the police on the street right beside out local hospital parking lot and I was so incoherent I do not remember anything. I went to my doctor several times after the incident for treatment and to see why I could not sleep. Do I have a good defense?
12 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Do I have a good defense? Based upon admitting you were under the influence to the point of incoherence? No. How is that a defense? When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Jul 11th, 2013 at 12:20 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 10:21 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Not necessarily. You need to go over that report with a fine tooth comb. Start by showing it to your doctors to see what he or she thinks.
Answered on Aug 27th, 2012 at 2:32 PM
Michael J. Breczinski
Depends on if you knew or should have known what the medications would do to you. Did you realize that the medicine would make it dangerous to drive a car?
Answered on Aug 27th, 2012 at 2:32 PM
If the case was dismissed by the court because of a procedural error, it depends on whether the charge was dismissed with or without prejudice as to whether the State has the ability to refile the charge. You should consult with an attorney who can examine the procedural history of the case to determine if there is a procedural defense.
Answered on Aug 23rd, 2012 at 2:28 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That is not a defense, that is why prescription bottles have the warning about operating machinery. If the charges were filed in court and dismissed as a misdemeanor they can not be refiled.
Answered on Aug 23rd, 2012 at 2:26 PM
3 Awards
Sounds like an interesting case. There is a defense to DUI called involuntary intoxication. This can be when someone drugs you and you do not know about it. It can also be when you take a medication and you have a reaction that you do not expect. This could be a good defense.
Answered on Aug 23rd, 2012 at 2:26 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If no drugs or alcohol was found to be in your system, then the state would be unlikely to get a conviction for DUI.
Answered on Aug 23rd, 2012 at 2:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possibly, the Ambien defense has been used successfully in at least one case.
Answered on Aug 23rd, 2012 at 2:25 PM
No you don't have a good defense, but you do have a good case, because drug DUI's are difficult to prove, much harder than alcohol DUIs. You'll need a DUI specialist, however, if you want to get the charges dismissed in court.
Answered on Aug 22nd, 2012 at 1:48 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes you do have a good defense
Answered on Aug 22nd, 2012 at 1:48 PM
Leonard A. Kaanta
No, your took drugs that impaired your ability to drive.
Answered on Aug 22nd, 2012 at 1:47 PM