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DUI For Prescription Medication

I was pulled over in November of 2011 and it took ten months to settle my case. Not because I would not have pleaded it but because I was not under the influence of alcohol. I had suffered a back injury and was also being treated simultaneously for anxiety and depression. My wife left me earlier in the year because she was not attracted to me any more (a real kick in the head). We have a daughter and at the time she was barely three. I had given up a great job to stay home during the week and just work 3 12 hour shifts on the weekend so she would not have to attend a daycare. I had been her primary caregiver since birth. Having her only part of the time devastated me. So I sought treatment for the depression/anxiety and was properly medicated.  Then I hurt my back at work and a couple days after the icing was put on the worst year of my life.

When I hurt my back the doctor prescribed some things that interacted with my other medications and Viola.....Impaired Driving. I could barely walk at all but the police still put me on a concrete floor for twelve hours. When I posted bail I could barely move from it.Prior to court (because it kept being postponed due to lack of lab evidence) I completed a MADD victims impact class, some volunteer community service hours, a SASSI III substance abuse assessment, and was talking to a counselor throughout the process because of the stress. The SASSI III assessment demonstrated that I do not have a substance abuse problem and my risk to develop one is very low. All that I did prior to seeing the probation officer for sentencing recommendations helped tremendously. I never had to report for any drug testing. I took a 6 hour prescription medication class with a therapist who I continue to see on an outpatient basis to manage the stress of having an unrealistic ex-wife, and 6 months non reporting probation with 40 hours of community service that I had completed 20 hours of already and received credit for. The judge and the Probation officer said I was not the kind of offender they believed they needed to supervise and my case was one of unfortunate personal and medical circumstances. That said I have still had to pay 1125.00 in fines and fee's along with 400.00 for that class. It is far better than the alternatives.

I can say when I went to the impact meeting I was treated like a person who committed a premeditated murder.  It was as if the people there would have spit all over me if they could have gotten away with it.  They were quite rude and indignant to all of us in attendance.  When they asked me the court I was sent from I had to say I came of my own accord and had yet to actually stand in front of the judge other than to plead not guilty.  The program head said to me "It won't work you know.  You're gonna get what's coming to you and coming here early won't change it"  She also said she would not give me any receipt stating I was there so I might as well just leave.  I stayed any way.  When I was there someone fainted and since I have a back ground as a combat medic I attended to that person while the ambulance was en-route.  At the end of the talk I offered her my money order as a donation because I was truly moved by the stories of the losses suffered by the people who had the courage to tell their stories to us.  She thanked me for helping the person who fainted and gave me a receipt.

The laws and the scrutiny are terrible as they pertain to a first time offense with no other record. I have come to the conclusion that as long as restaurants and bars can sell alcohol there will be intoxicated drivers on the road. If these activist groups are serious about limiting the accidents and deaths from intoxicated driving then they need to start with stopping the sale of alcohol at places where we gather and socialize. This will never happen though because it is a revenue stream at both ends.
whataday2011 whataday2011 36-40, M Feb 11, 2013

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