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I was in a minor accident a few weeks ago and I carry my legal perscriptions with me do to having multiple sclerosis.

Riverhead, NY |

I was taken in because I was honest about medication and was charged with a dwi. I was very cooraptive and they asked if I'd take a urinalysis and I agreed to it because I had nothing to hide. I was released ROR. Since this is medication I take on a daily basis what can happen?? It was also dropped to a mister meaner when I was released. I have another court date coming up and I'm wondering what will happen. I have a clean record up until now :(

Attorney Answers 6

Posted

You may have a valid defense to the DWI altogether. You should stop cooperating with the police and seek an experienced criminal defense attorney who handles DWIs ASAP. Have an experienced attorney review the paperwork and make the strongest arguments possible on your behalf. Many attorneys, such as myself, offer free 30 minute consultations. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Asker

Posted

Thank you for the advice but due to financial issues I have a court appointed attorney who seems to know what he is doing or at least I pray he does

Matthew C Simon

Matthew C Simon

Posted

Discuss your case at length and in detail with him or her then. Good luck!

Posted

It is illegal to drive while impaired by drugs. More information is needed to know if your medication is on the list of prohibited drugs. The DA's on Long Island are very hard on dwi cases so I suggest you retain a good criminal defense lawyer who knows how to handle a dwi case.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Asker

Posted

Thank you very much but do to financial issues I have a court appointed attorney and I'm praying he does rite by me. I can not afford to go through this.

Posted

Retain a good local criminal law attorney ASAP - BEFORE going to court

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

Retain a good criminal lawyer to fight this mister meaner....

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Posted

The accident is not conclusive evidence that the medication impaired you or that you were impaired while driving. The arrest may have been a knee jerk reaction by the police, and I come across this too often. You should consult counsel and provide him with the names of your medical providers to investigate the realtionship or lact thereof to the causation of the accident. It is well documented that MS medications can impair cognitive functions, but that does not necessarily mean impaired motor functions distinct from the disease itself. Good luck.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

Retain a good attorney to represent you on the DWI charge. It is not clear if you had taken your medication on the day of the incident/arrest prior to the accident.

Moreover, what are the side effects of the medications that you are taking? Are there any facts missing from what you told us?

This response will not create an attorney-client relationship.

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