Less than $500 damage, I rear ended the car in front of me. The officer asked if I took any medications. I have prescription xanax, they wrote a dui but didn't arrest me. I have to go to court for it now. I don't know the law for this.
You indicate that you have a prescription for Xanax, but had you taken any near the time of the accident and what did you tell the officer about when and how much you last medicated with Xanax? I will assume that the officer did not ask you to take a test-thus, you didn't refuse to provide a chemical test of your blood or urine, correct? Did you do field sobriety tests?
It sounds like they have little to no evidence of impairment other than an accident and a very minor accident at that. You could share with us what you were cited for that you have to appear in court. Was it 23152(a) or something else.
Also assume there was no alcohol involved.
What you do in court is see if the DA is going to charge you with anything and then seek the services of a public defender or have an attorney ready to assist you. Why don't you get all of your paperwork together; get an accident report from the reporting police agency and go see an experienced DUI attorney prior to going to court and before the 10th day is us from the day of the accident.
In order to prosecute you for DUI, they would have to prove that you were in fact under the influence of something - alcohol or drugs. Without a chemical test of any sort, I doubt they would be able to. You don't mention anything about field sobriety tests or other ways they would be able to prove any impairment aside from the accident itself.
If you were in fact cited and have a court date, it is probably worth sitting down face to face with a local attorney to discuss your options and be ready to fight this if it does get filed in court.
Without a blood test, they should not be able to prove scientifically you were under the influence of anything. Even with an admission. You still may want to set up a DMV hearing just to play it safe and protect your right there. Lots of science to combat, but they need the blood test to prove anything.
You weren't into custody for a "sobering" period? Even with a prescription drug thats odd when cited for DUI. Either way, like mentioned, you should request a DMV hearing just be on the safe side. Other than that, hard to say exactly what could happen since there was no chemical test done to prove you were under the influence of anything.
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