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