I am going to court tomorrow morning and thinking of pleading not guilty. I was scheduled for surgery two days after my accident to repair bleeding ulcers and Gerds. 30 days before that my doctor had put me on Xantac because of anxiety of throwing up blood and constantly in and out of the hospital. I was driving that day to get my prescriptions filled from the pharmacy 6 minutes away. On the way back, I blacked out and wrecked my car into a ditch. When I became alert again I was being pulled out of my car and asked to go a sobriety test. I could not walk and impaired. I did take a field test, but do not know the results. I assume I failed. They asked to do the blood test, but I told them my concerns about bleeding, infection, and surgery already in two days. "refusal written"
I was never told anything about the laws here. I didn't know not taking the blood test could get me in more trouble. I don't even know what happened that day. I have my medical records to prove I was not in the best shape. I do not know if my blood pressure bottomed out causing the blackout or if it was due to the Xantac. My husband said that whole month I was not right in the head. I had never been on them before and threw them out that day. I didn't even know I was suppose to get a hearing in 10 days. I was in the hospital for 4 then back in the hospital after getting blood clots in my arm from the IV. I am prone to infection and problems afterwards. Couldn't they have done the pee test if I had concerns about blood? I do not want a DUI because "when" I no longer have medical issues I would like to go back to work for DOD. Do I have a fighting chance?
Criminal Defense Attorney
It's really a shame that they chose to arrest you under these circumstances. It sounds like you were in no condition to perform field sobriety evaluations, and your medical condition presents a very good defense to the DUI charge. Unfortunately, most prosecutors don't take you seriously if you're not represented. You may qualify for a public defender, though a private attorney will be better able to devote the time that your case deserves. Many lawyers offer payment plans, and pleading guilty could cost you more in the long run. Make some calls (most will talk with you for free), and see if you can work something out with an attorney you trust.
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Car / Auto Accident Lawyer
Contact a good DUI attorney who can make your defense for you. Do not try to do this alone.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
DUI / DWI Attorney
You have many good facts on your side. Hire a local attorney who is familiar with the court your case is in, and who is also familiar with the judge and prosecutor assigned to your case.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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