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  1. #1
    Join Date
    Nov 2015
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    1

    Default Attributing Impaired Driving to Antidepressant Medication

    My question involves criminal law for the state of: Oklahoma

    Hello, I'm wondering if there is anything i can do to this DUI Alcohol offense. I was pulled over recently for a wide turn into the wrong lane and driving in the wrong lane for "100 yards" which is ****ing stupid and not true. I recently started working the graveyard shift I was pulled over 2:00 am when i was going home for lunch, nervous cause i also have anxiety problems and had been up for around 30 hours. Anyways i failed the field test, but passed the breathalyzer. At the time i was taking Wellbutrin 400mg.which i had been on for around a year only side affect i get is extreme dry mouth and eyes. Also Campral which had no effect on me, which is why i'm no longer on it. Thinking i would be going home i told them i take medication for depression. After that i was arrested. I took the blood test which was negative. I had to plea because I had no more money. I agreed to a 5 year deferred sentence and one year of probation 40 hours community service and i haft to take a 24 hour DUI class, and some other little shit, and i haft to pay the District Attorney, court fees ,911.
    Is there anything i can do?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Anti Depressant

    Quote Quoting chpennd3
    View Post
    I had to plea
    you plead guilty. The court accepted your statement.



    BAM!!!!!

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Attributing Impaired Driving to Antidepressant Medication

    Quote Quoting chpennd3
    View Post
    I recently started working the graveyard shift I was pulled over 2:00 am when i was going home for lunch, nervous cause i also have anxiety problems and had been up for around 30 hours. Anyways i failed the field test, but passed the breathalyzer.
    So your claim is that you weren't intoxicated, but were falling asleep at the wheel?
    Quote Quoting chpennd3
    At the time i was taking Wellbutrin 400mg.which i had been on for around a year only side affect i get is extreme dry mouth and eyes.
    Well, pretty obviously you weren't driving badly or failing sobriety tests because of your dry mouth and eyes.
    Quote Quoting chpennd3
    Also Campral which had no effect on me, which is why i'm no longer on it.
    It seems reasonable to say that drugs that don't affect you aren't causing you to behave like you're intoxicated.
    Quote Quoting chpennd3
    I had to plea because I had no more money.
    That makes no sense, but if in fact you chose to swear under oath that your ability to drive your vehicle was impaired by your use of drugs, then the consequence of that choice is that you are now convicted of the offense to which you plead guilty.
    Quote Quoting chpennd3
    Is there anything i can do?
    Obey the terms of your probation.

    You can discuss with a criminal defense lawyer whether you have any basis to revisit your guilty plea. You haven't shared a basis here.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Attributing Impaired Driving to Antidepressant Medication

    Anxiety meds such as Wellbutrin may have side effects certainly, but sleepiness is very seldom one of them. Sweating, nausea, insomnia, rapid heart rate, these may be symptoms of over medication on something like this, and they are conditions that cause impairment, but not from a "knocked out" behavior. I think you made the right call by pleading guilty, whatever you attribute it to. You were driving impaired, whatever the cause. And now the ship has sailed as far as redoing your plea.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,142

    Default Re: Attributing Impaired Driving to Antidepressant Medication

    Wellbutrin isn't an "anxiety" med. In fact, it's number one side effect is increased ANXIETY. It's prescribed for depression and seasonal affective disorder.

    Anyhow, it's too late to do anything now as pointed out. You should never plead anything other than not guilty without specific legal counsel as to the results of doing so.

  6. #6
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Attributing Impaired Driving to Antidepressant Medication

    Sorry, should've said anti depressants.

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