I was arrested in april for a dwai for meds that Im legally prescribed. Its a felony charge. The blood has not come back yet.

Asked almost 2 years ago - New Hyde Park, NY

I had a witness in the car that signed an affidavit of what happened that night. They never mentioned him in the police report an indicated that I was alone. I was also denied the right to an attorney when I had repeatedly requested one. I was told I had no right to an attorney. It has been 150 days an the blood test still hasnt come back yet. How long til a motion can be made to dimiss the charges. I have medical documentation a notarized affidavit from my dr. stating my medical conditions the medication that I take an that it would not impair my ability to drive as long as Im taking it as prescribed. An the medication was taken over 8 hours before I was pulled over. I dont want a felony on my record obviously.

Attorney answers (6)

  1. Theodore W. Robinson

    Contributor Level 20

    6

    Lawyers agree

    Answered . While I agree with the previous answers given, I suggest that a Motion to Dismiss can be made after six months because that is the CPL 30.30 time period for the People to be ready for trial and if they're not ready within that period of time, then the case is subject to being dismissed.

    If a blood test doesn't come back within six months, then that means the People could not be ready to go to trial and that means the Motion should be granted by the Court.

    You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form... more
  2. Robert A. Stumpf

    Contributor Level 19

    5

    Lawyers agree

    Answered . You had no right to an attorney when? During the blood test? Or when they tried to question you after you were in custody?

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more
  3. Lance Howard Meyer

    Contributor Level 13

    5

    Lawyers agree

    Answered . You should hire an Attorney as soon as possible.

    If you have any further questions or would like to speak to me about your case, you can reach me at LanceMeyer@... more
  4. Benjamin J Lieberman

    Contributor Level 20

    4

    Lawyers agree

    Answered . The fact that the medication is prescribed is probably why you weren't charged with possession of a controlled substance. Just because you have a prescription, however, doesn't mean that you can drive while your ability is impaired. If your particular drug doesn't impair you (and you have a doctor to back that up) that will help you at trial as it is a question of fact to be determined. Keep in mind that something must have caused the officer to pull you over in the first place. Regardless, now that your facing these charges you should have an attorney to represent you. S/he can best advise and guide you. If you were charged with a felony the people have to be ready for trial within six months.

  5. Joseph A Lo Piccolo

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hire a lawyer!


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  6. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with my colleagues. Unfortunately NHTSA has been targeting prescription drugs. You can be convicted with prescription drugs, but there is probably a different standard. It isn't as easy to do as with alcohol or illegal drugs.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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