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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.

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. 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 you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

  2. 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.

  3. 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)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  4. 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 or (516)-488-2255. Legal disclaimer: This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. I try and answer questions in terms that the readers will understand. The poster is licensed only in NY, CT & NJ. If this post is useful to you, please remember to upvote it.

  5. 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 This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.

  6. 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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin Talking to the Police - Advice from Lawyers and Police:

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