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  1. #1

    Default DUI Causing Prop 36 Issue; First Ever Offense

    My question involves criminal law for the state of: Calif
    Facts: Legal Rx from doctor for years for severe documented pain. Coming from Doc office, pulled over for DUI (Drug not alch) Field Sobriety Test not done because of injury and this is documented on police report. Tox report came back positive for illegal substance taken night before for pain. I was told this was the same chem I had rx for (dumb, dumb, dumb dumb decision). Substance found in car (dumb dumb dumb decision). Because of charge of DUI I'm being told Prop 36 is not a option. I have been in a program for three months, documented, clean tests, 3hr 3x a week therapy, meetings, programs and I have been paying. Court date is approaching. What are my chances court will keep me in this program (certified program)? I work full time, have had the same career for 20yrs, documented excellent employee, not a threat, etc. DA wants me in jail. What would the sentence be for poss of a controlled sub, under the inf of controlled sub, DUI for first time offender. Im terrified beyond all reason right now. I've been off all meds for months and now am looking at jail when Ive been working so hard.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: DUI Causing Prop 36 Issue; First Ever Offense

    The possession of a controlled substance or being under the influence would qualify you for PC1000 (Prop.36). Unfortunately, for you, you were driving.

    Consult legal counsel. Maybe ... just maybe ... a deal for diversion or an offer to plead guilty to an offense covered under Prop 36 might be possible. Itr is slim,but possible.

    A first time DUI conviction is not the end of the world.

    First California DUI Offense:

    California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

    Jail: 48 hours, but not more than 6 months.

    California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

    California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

    Ignition Interlock Device: Court may order use of interlock device.

    Vehicle Impound: Court may order impoundment.

    California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

    California Probation: 3 years informal no probation officer.

    Community Service: In some courts, you may work off some of your fees/costs by doing community service.

  3. #3

    Default Re: DUI Causing Prop 36 Issue; First Ever Offense

    Thank you for the information. One question, I didn't "Fail" the field sob tests as only a finger tap test was done. On the police report next to ea test it says, could not perform do to injury (I had shattered my knee in 8 places and had surgery 4 weeks prior to this stop) I know in my heart I was okay to drive. I had been on this med for over 3yrs, it wasn't new to my system. BUT the urine test came back as positive for morphine 6-MAM, no number was given, only the word "PRESENT". Can I fight this DUI and how? What would I plea down to? I do have a defender that was assigned however this happend 4 months ago, Ive talked to him for 1hr in that entire time. I have been off EVERYTHING since that night, I have proof of attendance in 12step, meetings, programs, therepy, drug test every week, etc. But this from the night I was stopped not before. In a court it would "Look" like I didn't want help until I was forced to take it. However it has worked! I will never ever do such a stupid thing, BUT if I go to jail I will be taken out this program, lose my job, financial ruins (Im close now) etc. I am just wondering if someone IS doing well on their own, they have proof they are doing Prop 36 guidelines on their own, will that work in the court?
    Thank you, your replies are helpful. Im at this all by myself and have my son to think about.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: DUI Causing Prop 36 Issue; First Ever Offense

    Quote Quoting Scaredncalif
    View Post
    Thank you for the information. One question, I didn't "Fail" the field sob tests as only a finger tap test was done. On the police report next to ea test it says, could not perform do to injury (I had shattered my knee in 8 places and had surgery 4 weeks prior to this stop) I know in my heart I was okay to drive. I had been on this med for over 3yrs, it wasn't new to my system.
    None of which means that you were NOT too impaired to drive.

    BUT the urine test came back as positive for morphine 6-MAM, no number was given, only the word "PRESENT". Can I fight this DUI and how?
    If no concentration was provided, and this was a HOSPITAL test, a conviction will be difficult without some other evidence of impairment.

    However, if the officer pulled you over and arrested you for DUI without tests, you may have appeared to be pretty looped ... if he can articulate objective symptoms of impairment, you can be convicted.

    I am just wondering if someone IS doing well on their own, they have proof they are doing Prop 36 guidelines on their own, will that work in the court?
    It can be helpful. Combine that with what appears to be a lack of PROOF of impairment, and you might find the DA dropping the charge or agreeing to a decent plea deal.

  5. #5

    Default Re: DUI Causing Prop 36 Issue; First Ever Offense

    Thank you again. We are waiting for the police Video. I did make a shopping stop about 20 min prior to this stop and asked the store if they have a security video of me shopping and buying, this would prove that I was in touch with reality. However just today, I was told the store clears all videos up to 3months ago. They don't remember anyone coming in that was looped but they don't remember "me" specifically only that no one caused them to remember anything out of the ordinary. The cop gave me a DUI, but DMV says its a medical DUI issue and that I now need to get medical clearance and that the police officer referred it to DMV in this way? I have no idea what they are talking about but do know they suspended my license. The DA wants me in jail PERIOD, so wondering what plea I would have. Urine test was done at the jail the night I was brought in, no other tests were done except weekly test I "provide" to the program I have been doing. Thank you again for your advice

  6. #6
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: DUI Causing Prop 36 Issue; First Ever Offense

    I don't normally comment on this sorta subject, BUT, as a professionally trained interviewer I note some inconsistency(s).........

    http://www.expertlaw.com/forums/show...990#post399990

    You've been on pain meds for 3 years? Mule deal was 11 months ago? Lost all income? Same career for 20yrs....excellent employee? In a program?

    Your two plus two is not quite making it to four.

  7. #7

    Default Re: DUI Causing Prop 36 Issue; First Ever Offense

    I will more then happy to answer any questions what so ever. Yes, I was on pain meds for three years. I raced in races and the years of training horses, getting on some rank young horses have caused lots of broken bones, surgery, etc. over the years, metal in both legs etc have taken their toll on my body. With the pain meds I was able to race, which helped with the pain as I kept moving and was able to keep pain in check. I have never been so fit in my life, core muscles, back, etc. All this moving, extreme fitness, HELPED with the pain, my back was moving, my hips, joints, etc. But I took pain meds to keep going, it's a double edge sword, if I didn't take them I would be in FAR more pain and not racing which would cause more pain, etc etc etc. I was injured on a race which is what shattered my knee. Already being on the pain meds I stayed on the SAME meds after my knee surgery. My ortho doctor released me after surgery to my current pain doctor. I have not raced since. Aside from my training business, I have worked and for over 20yrs at my job. Not hiding anything what so ever, just trying to not write a book on separate issues on this board. I have two situations going on, yet they are related. The injury of my knee is what caused even MORE pain, perm injury and me not being able to race any longer. This is what led to my trying to find pain relief beyond what I had been facing for years. The knee is what drove me over the edge. I was on my way HOME from my knee doctor appointment the night I was taken in. Its all connected I just don't know where to put what. I didn't think my shattered knee was going to get me legal advice for this DUI and situation I am facing. I will answer any questions you have, again I am not hiding anything, please ask away. It is confusing but again, if you can offer me any legal advice I will answer any questions HONESTLY, I have nothing to hide.

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