"driving while intoxicated" citation?

Question

I got in an accident, and hospitalized for three days. three weeks later I got a citation for DWI from a blood sample they took from me while i was unconscious, nothing was specified. The only possible thing i can think of was a percocet I took earlier in the day for my back that was prescibed to me (I believe its oxycodone that is the "intoxicating" ingredient), It did not effect my driving or alertness. The doctor didnt even tell me not to drive he only said to be aware of its effects before I made a decision to drive or not, which I responsibly did. How do I defend this in court?

Answer 1

what does this have to do with horse racing? lol

You should request a copy of that report and find out "what" they found in your system. The hospital should be able to give you a copy.

Answer 2

First of all, you're lucky that I'm a law student who frequents the horse racing board...  you'll get many more answers on the law category.

But to answer your question...

you'll need witnesses who can attest to the fact that you weren't drinking that day and you need your doctor (or another expert (someone who understand medicine)) to testify that you were prescribed that drug and the ingredients and the likely effects and how they would show up in a drug test and how it would affect your driving.  You can tell the judge all the stuff that you told me, but it will be a lot more believable from an expert.  And if someone was with you the entire day and knows you weren't drinking or anything, then that would be really good evidence too.  good luck

Answer 3

Hi,ask your doctor for a letter & plead not quilty.Go to Citizens Advice they will help.Good Luck

Answer 4

You were driving while taking oxycodone, also called Vicodin or Percoset, and your doctor didn't warn you of the dangers of taking this medicine and driving. Man, you are mighty lucky you weren't KILLED in the accident, pal. You certainly could have been, or you could have killed someone else. Vicodin is a NARCOTIC, and it causes drowsiness as a side effect. This is even more apparent when you take it with alcohol- which is one reason why there are warnings about this when you are given a prescription for such medications. In addition, Vicodin is also a controlled substance- it's what's called a Schedule II narcotic, and these medicines are always carefully controlled because of their high potential for addiction and also because of their high street value. This is the reason why you were cited- clearly, if you were taken to the hospital unconcious, the doctors had to find out what was behind that, and so did the police. People who are taken into an ER and are unconcious are presumed to have given their consent to any treatment necessary to save their lives or restore their health. All states have laws which are written this way, to protect accident victims and crime victims, among others. This even applies to kids- doctors can treat children who are accident victims and provide emergency care until their parents can be notified and reached for further consent.  It's called "implied consent" and this is why you were tested for the presence of drugs or poisons which may have been responsible for your loss of conciousness. Loss of conciousness in an adult, even for a moment, is considered to be a life-threatening medical emergency- and it must be treated immediately.

What I don't understand is why your doctor who prescribed the Vicodin in the first place DIDN'T warn you about the dangers of driving while taking it. That was not only unprofessional and dangerous, it may also have been illegal, and you need to file a complaint against your doctor for doing this. Contact your state's medical board ( they have a website online under state agencies) for information on how to do this. You definitely have an argument in your favor if you can prove that your doctor failed to warn you of the dangers associated with your taking Vicodin and driving. Talk to your lawyer and ask him or her what the next step is.  It may be that the doctor will be the one who is held liable for damages in the accident, not you, and you may be able to clear your name. It all depends on how the judge in your case ultimately views this situation, and what kind of documentation you can produce which proves or disproves your argument.  You need documentation to prove your case- and it's very likely that your medical records will be subpeonaed if there is a trial, by both sides. Much is going to depend on how the treating physicians documented what they did, and whether or not your regular doctor made any mention of having warned you about Vicodin's side effects or not.  If he didn't document it, he didn't do it- and that will work in your favor. The rule in medicine is "not documented, not done, not billable" and if there is no mention of it in the records, chances are that he didn't.  Good luck, I hope this helps.  BTW, next time, ask this question in the Law and Ethics column- you will get better answers.

Answer 5

dwi is driving while intoxicated,they are telling you that you were drunk.if you weren't drinking fight it in court,just remember your quilty untill proven innocent.