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  1. #1
    Join Date
    Mar 2006
    Location
    east, USA
    Posts
    48

    Default DUI Conviction - Judge Orders No Prescribed Methadone While Driving

    My question involves criminal law for the state of: PA

    My daughter has a DUI in PA. She was pulled over after going to methadone clinic. The only drug that she tested positive for was the methadone. However, it is what it is. She got a 60 day suspension of license. No surprise there. Also, she was approved for the ARD program.

    The judge asked her to go to inpatient treatment. She declines, as she was in methadone treatment program. Judge says fine, but you must totally wean off the methadone. If she is caught driving with methadone while driving, she will have more severe penalty. (prescribed or not) But, there are many people driving that are in methadone maintenance treatment program. I, as many others are surprised that he would be allowed to make the demand of her not driving while on methadone treatment. Her dosage is 80 mg.

    There is plenty of documentation that methadone maintenance does not impair driving. I am on the fence about my feelings of methadone treatment. If it is combined with other drugs, than that is a different story.

    Can a judge make his own rules, as far as incarcerating, if she continued with methadone treatment and continued to drive? She understands that her license is suspended, but after the 60 days, she is ordered not to drive while in treatment for methadone.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Pa DUI - Judge Orders No Prescribed Methadone While Driving

    The judge has pretty free hand to set probation conditions. He doesn't have to let her drive AT ALL.

  3. #3
    Join Date
    Mar 2006
    Location
    east, USA
    Posts
    48

    Default Re: Pa DUI - Judge Orders No Prescribed Methadone While Driving

    Okay, thanks.

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