Pending DUI Drugs Citation Need Help Pls

[safaulk]

Mine's a tuffie, I think. I was pulled over on September 16, 2008, by a Georgia State Patrol Officer because the police office said I was weaving on the road and it looked like I was falling asleep. He asked if I was tired, and I told him yes, that my baby sister had died two weeks prior, that I was very stressed out, had a lot on my shoulders with helping out my parents and with taking care of my kids. I had been on the go all day and was on the way to take my daughter and I to our psychiatrist appointments. He asked if I had taken any medications that day and I said just my regular daily medications that morning. (I got pulled over at 4 pm). He asked me to write down the medications (Effexor, Lithium, Nifedipine, Neurontin, Metformin). He went to his police car, then I got out, he met me halfway and told me we would be doing a few tests (the sobriety tests). I did the tests and KNOW I passed them. He looked closely at my eyes (I know they were bloodshot, but they stay that way from being irritated from my contacts). Anyhow, then he said I would be under arrest for DUI for drugs. I was shocked beyond belief because all I had taken was my daily prescribed meds. He then told me that we would be going to the hospital to draw blood. He drove me in the back of the police car to the hospital to draw the blood. Then my husband came up to pick up my van and my daughter, and they picked me up at the hospital. The officer issued me a citation for DUI (drugs) instead of arresting me.

The drug test just came back, and the only thing that showed up is my Neurontin and Effexor. I have been taking both for over three years. On their websites, it states that side effects only last a few weeks, so I would not have had any side effect from the medications.

What in the world is going to happen? The lady said I still needed to go to court. Help please!

In Georgia

its against the law to drive under the influence/ driving while ability impaired of drugs that will effect your ability to drive whether it's illegal or prescribed or over the counter. the reason they didn't take you to jail is that it takes days for the test results to come back. Get a Lawyer, if you have a clean driving record and you can't get the charge dismiss ask your lawyer about a deferred sentence.

[safaulk]

But I have been taking these medications for years, I have no side effects at all with these meds, and they do NOT affect or impair my driving ability in any way whatsoever. I don't see how they can prove otherwise. I plan to plead to the judge and explain about me being exhausted and tired because of my sister's passing. I will bring my sister's death certificate and my mother and father who can explain also how much stress I was under at that time. I feel so strongly that I am in the right.

The test results from the hospital prooved that you had legal drugs in your system at the time you were operating a motor vehicle. It's not the judge that you have to convince it's the district attorney or the assistant district attorney that you have to convince. The probable cause for the cop to pull you over was that you were weaving while driving. Note: road sobriety tests are not set up for drivers to passed. In some states you can refuse road sobriety test and it won't be held against you in court. The drugs that showed up on your test. Does it say by taking this med it may cause drowsiness or don't operate any kind of machinery? if it doesn't say any of those you might get it knock down to careless driving.