QUESTION
What can I do if a police officer accused me of driving on heroin?
Asked on Nov 04th, 2012 on DUI/DWI - California
More details to this question:
I was driving my two sons from their mom's home to mine - a 2-hour round trip - after midnight due to my older son being on a date that ran late. My sons are 13 & 16. Five minutes from being back home, I was detained for suspicion of DUI b/c it was raining and road glare hindered my sight of faded lane markers. The officer saw a Rx bottle of a narcotic analgesic I take and, in front of my sons, scolded me yelling "This is the same as driving on heroin." Despite telling the boys that dad was not on heroin, they still doubt me months later. Doesn't this violate HIPAA? My relationship with them has been ruined; they believe I was stoned on heroin. In reality, my blood levels matched my prescribed dose. What can be done? Thank you.
4 ANSWERS
Michael J. Breczinski
Go see a lawyer that handles slander and libel matters. That is what you can do.
Answered on Nov 09th, 2012 at 4:43 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
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You are missing the point. Although you may have been taking the medication as prescribed, it does not permit you to drive under the influence. Many medications tell you not to drive or operate machinery if you are taking the medication (even as legally prescribed). If you were under the influence as defined by the DUI statute, you can be charged.
Answered on Nov 07th, 2012 at 6:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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I do not believe you have a cause of action against the police officer. Clearly you have to explain your situation, your medications, and their effect to your sons.
Answered on Nov 07th, 2012 at 6:10 PM
Drug DUIs are very difficult for the state to prove, but by yourself you have no chance; the DA will take advantage of you to the fullest extent. You need to hire a DUI specialist and try your best to beat the case.
Answered on Nov 07th, 2012 at 5:48 PM