I got a dui from nj state police and a handful of tickets for a minor accident that occurred on a very windy rainy day

Asked almost 2 years ago - Mount Laurel, NJ

i made it clear i was on methadone as prescribed and they took me to station handed me many tickets and a dui. this has ruined my life and i would like to sue for wrongful arrest. i blew0.00

Attorney answers (5)

  1. Benjamin G Kelsen

    Contributor Level 17

    9

    Lawyers agree

    Answered . One can be found guilty of DWI for being under the influence of drugs, even prescription ones. Being involved in an accident gives the police probable cause to investigate if there was a dwi. However, you may have viable defenses. Merely taking or testing positive for drugs does not mean you were impaired. You need to hire an attorney immediately to deal with the DWI before you can consider anything else.

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  2. Mark M Cheser

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . More information is needed. Unfortunately State v. Tamburro is right on point indicating you can be charged and convicted for methadone "intoxication'. the standard is exactly the same, whether your ability to drive was impaired by a substance you ingested. If there was a DRE and they took urine or blood the case can be strong for the State. I suggest you retain an experienced criminal defense attorney. There may be defenses but it may not be a wrongful arrest.

  3. Eric M. Mark

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You must first be found not guilty of the DWI and other tickets or you will not successfully sue for wrongful arrest. Even if you are acquitted, your lawsuit may not be successful. However, you probably have some good arguments to defend against the DWI. It depends on the facts as recorded by the police, your version and the medical history. You should retain a DWI defense lawyer ASAP.

  4. Jason T Komninos

    Contributor Level 14

    5

    Lawyers agree

    Answered . The Alco-Test is only for alcohol, it does not test for drugs. Someone can still be guilty with a 0.00 if the police can prove that the defendant was under the influence of drugs. The police can prove influence of drugs by doing a DRE or blood test. You need an attorney who will review all of the discovery and possibly find holes in the police's case.

  5. Charles K. Kenyon Jr.

    Contributor Level 19

    5

    Lawyers agree

    Answered . I don't see this as a wrongful arrest if there was probable cause. An accident certainly gives the police a reason to investigate.

    DUI is a generic term that includes being unable to drive safely when taking prescription medication. On the other hand, they have to prove that you were impaired, not just that you had taken a medication. You need a DUI / DWI / OWI / Drunk Driving attorney there in New Jersey. If this is a first offense and no one was injured it is not a criminal charge.

    This has not "ruined your life." It is a bump in the road. It sounds like you've had more than one of those. Work your way through it with the help of a lawyer.

    You need to get that attorney now. Don't wait for court.




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