Alcohol & Drugs: DUI, DWI DUI

D

Dilina Ford

New Member
Jurisdiction
Colorado
I was suffering from a TIA when officer stopped me, he arrested me for a DUI, I took a UA ETG 8 panel test it was normal all negatives, at time of stop officer smelled no alcohol later officer came to my house and arrested me, I was in a TIA and panic attack. District attorney is still pressing charges.
Can the DA find me guilty even when I took test to prove my innocence? It came back negative!!!
 
Dilina Ford said:
I was suffering from a TIA when officer stopped me, he arrested me for a DUI, I took a UA ETG 8 panel test it was normal all negatives, at time of stop officer smelled no alcohol later officer came to my house and arrested me, I was in a TIA and panic attack. District attorney is still pressing charges.
Can the DA find me guilty even when I took test to prove my innocence? It came back negative!!!
Click to expand...


The DA can't find you guilty.

A jury is the only entity that has the ability to find you guilty.

You refuse to talk, remain silent, appear in court, plead NOT guilty, ask the court to appoint a public defender to represent you, go to trial.

In the interim you stay our of trouble, don't get any traffic tickets, stay out of any legal trouble, have your jury trial.

Stop trying to explain, or excuse what happened, its only hurting your case.

SILENCE is your friend, and the lawyer you will soon receive.
 
An arrest can be legitimate based on observations alone. If you were having one of these attacks it is reasonable for the officer to mistake your symptoms.

You do not need to have alcohol in your system to be convicted. The presence of any other drug, legal or illegal, which could impair your driving is sufficient. Were you taking any medications? Do those medications warn of impairment?
Have you obtained a medical clearance from a doctor to drive a vehicle in your condition?
Did you give a blood sample or just urine? Know that the initial test only checks for the most common things. A negative initial test can return a positive if it is sent to a laboratory for further analysis. This might have happened in your case.

If this is not what happened to you, then defend yourself when the time comes. The state will have to present evidence that you were illegally impaired while driving. If all they have is the officer's observations it probably won't hold up against your medical diagnosis. It will be helpful for you to get a doctor's approval indicating it is safe for you to drive.

I do suspect your medications for this are what they may be acting on.
 
Dilina Ford said:
I was suffering from a TIA when officer stopped me, he arrested me for a DUI, I took a UA ETG 8 panel test it was normal all negatives, at time of stop officer smelled no alcohol later officer came to my house and arrested me, I was in a TIA and panic attack. District attorney is still pressing charges.
Can the DA find me guilty even when I took test to prove my innocence? It came back negative!!!
Click to expand...
mightymoose said:
An arrest can be legitimate based on observations alone. If you were having one of these attacks it is reasonable for the officer to mistake your symptoms.

You do not need to have alcohol in your system to be convicted. The presence of any other drug, legal or illegal, which could impair your driving is sufficient. Were you taking any medications? Do those medications warn of impairment?
Have you obtained a medical clearance from a doctor to drive a vehicle in your condition?
Did you give a blood sample or just urine? Know that the initial test only checks for the most common things. A negative initial test can return a positive if it is sent to a laboratory for further analysis. This might have happened in your case.

If this is not what happened to you, then defend yourself when the time comes. The state will have to present evidence that you were illegally impaired while driving. If all they have is the officer's observations it probably won't hold up against your medical diagnosis. It will be helpful for you to get a doctor's approval indicating it is safe for you to drive.

I do suspect your medications for this are what they may be acting on.
Click to expand...
 
Dilina Ford said:
I was suffering from a TIA when officer stopped me, he arrested me for a DUI, I took a UA ETG 8 panel test it was normal all negatives, at time of stop officer smelled no alcohol later officer came to my house and arrested me, I was in a TIA and panic attack. District attorney is still pressing charges.
Can the DA find me guilty even when I took test to prove my innocence? It came back negative!!!
Click to expand...
No meds, No alcohol!!!
 
If there was nothing at all in your system to cause impairment then you should be able to defend against this.
If you have any thc in your system from marijuana use that can also explain their decision. Apparently they believe they found something. Who knows what.
If you have been formally charged with an offense obtain legal counsel and defend yourself.
 
mightymoose said:
If there was nothing at all in your system to cause impairment then you should be able to defend against this.
If you have any thc in your system from marijuana use that can also explain their decision. Apparently they believe they found something. Who knows what.
If you have been formally charged with an offense obtain legal counsel and defend yourself.
Click to expand...
I do not have any residual drugs in my system I do not do drugs. I've just been through a lot of trauma, and abuse from former husband. I would flee from him, I have received dwai charges and DA is looking at my past.
 
Dilina Ford said:
I do not have any residual drugs in my system I do not do drugs. I've just been through a lot of trauma, and abuse from former husband. I would flee from him, I have received dwai charges and DA is looking at my past.
Click to expand...
I found out I should not have gotten the dwai charges their is a law protecting the fleeing victim if he or she has alcohol in their system, what law is this and how can I get my past convictions removed?
 
Having a doctor review a video after the fact probably isn't going to be of much help.
You will know soon enough what evidence they are intending to use against you. Obtain legal counsel and follow their advice.
If your blood/urine produced a negative test result I can't imagine why they would proceed against you. They must have something more.

You mention previous records... Was there a previous DUI?

You now claim to have been a fleeing victim when stopped by the police?

Making past convictions disappear is a very lengthy process that will require legal assistance.

This scenario is taking an odd turn from weird to strange.
 
mightymoose said:
An arrest can be legitimate based on observations alone. If you were having one of these attacks it is reasonable for the officer to mistake your symptoms.

You do not need to have alcohol in your system to be convicted. The presence of any other drug, legal or illegal, which could impair your driving is sufficient. Were you taking any medications? Do those medications warn of impairment?
Have you obtained a medical clearance from a doctor to drive a vehicle in your condition?
Did you give a blood sample or just urine? Know that the initial test only checks for the most common things. A negative initial test can return a positive if it is sent to a laboratory for further analysis. This might have happened in your case.

If this is not what happened to you, then defend yourself when the time comes. The state will have to present evidence that you were illegally impaired while driving. If all they have is the officer's observations it probably won't hold up against your medical diagnosis. It will be helpful for you to get a doctor's approval indicating it is safe for you to drive.

I do suspect your medications for this are what they may be acting on.
Click to expand...
 
I do not take any medications at all they are acting on my past events where I did have alcohol in my system but had fled from my abuser, I found out recently there is a law that protects me from getting charged with a dwai or DUI, my attorney at the time did not use this law and I received a dwai charge. What law protects me from this kind of a situation? How can I get this charge destroyed off my record?
 
Dilina Ford said:
I was suffering from a TIA when officer stopped me, he arrested me for a DUI, I took a UA ETG 8 panel test it was normal all negatives, at time of stop officer smelled no alcohol later officer came to my house and arrested me, I was in a TIA and panic attack. District attorney is still pressing charges.
Can the DA find me guilty even when I took test to prove my innocence? It came back negative!!!
Click to expand...
 
I took a urine ETG 8 panel test that goes back 80 hours, I took test at 38 hour mark, it test the donor for meth, barbiturates, benzodiazepines,cocaine,opiates, propoxyphene,THC, Ethyl. My test was taken as soon as possible which I took at 38 hours all normal/negative with creatine level at 38.5, I have lab verification from lab specialist that my test has not been tamper with it is viable. DA is saying the alcohol was out of my system even through the UA ETG 8 panel drug test is highly accurate and is used by the courts. He does not believe I had a TIA or panic attack even through he has letters from my neurologist, and my trauma counselor and has the test results which are all negatives/normal. What he wants to use is my past charges and police testifying they smelled alcohol when they came to my house, I could have been drunk at my home which I was not that does not warrant a DUI charge. However, if Judge approves past charge at my motions hearing, my attorney says I will possibly lose at trial. I would give up my deal with DA. Again this charge is over a year old, can I assert legal time limitations and have charge dropped? I'm Innocent!!!
 
The time to fight this has passed. Your story sounds a bit suspect to say the least. There is no legal justification for driving intoxicated. Instead of fleeing in a car, call 911.

Your questions go well beyond the scope of this forum. If you are so convinced you're right then consult with a few attorneys.
 

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