Hello ptk, ((((phrick))),

If you are taking medications that have labels on them which warn you of possible side effects then you should not drive, nor should you operate heavy machinery. You may not feel as if you are affected but you are. Whether your vision is off by a few inches (which may have resulted in your collision with the mail box), or if you have a tendency to drift even for a number of seconds. You can drive before taking them, or a certain number of hours after taking them, but not at their peak release.

I take tegretol, neurontin, and xanax (especially if I have to go out), I take meds which interfere with my blood pressure, and meds for my back and neck. I take others too. I have driven once in 2 years I think. I am not prepared to put other peoples lives at risk or mine for that matter. I took my meds several years ago and was peeling potatos. I was feeling wonderful, felt fine....but was too relaxed to pay attention and I cut my right index finger off at the first knuckle. Luckily my GP was on call at the emergency clinic and he operated on me there and then to reattach my finger. I have no feeling in it and it points to the left a little, but at least I have it. When he heard how I injured myself he was exshasperated. He had been forever warning me about the "honeymoon period" from the time I take my meds to the time they start to act. Now I cook first then take my meds, have done ever since then. And he said to me "aren't you and others lucky that you weren't driving that SVU?" What could I say?

You can't be done DUI unless it is proven that you have drugs in your system that are proven to interefere with your ability to drive safely and adequately in a manner non-dangerous to others. That can be done by roadside drug test, saliva, and followed up by a blood test. I'm not saying you are wrong because you know what happened to you, I've just never heard of anyone being booked on the say so of someone else without the burden of proof which is on the police. And by identifying your back problem to the police they are aware that you cannot comply with the sobriety test and so they should have opted for a saliva or blood test. This must have been terribly frustrating for you. And I wouldn't think much of the neighbour.

But if you ignored the label warnings on your medications it is considered to be an offence if you drove, or operated heavy machinery after you had taken them. The only thing you can do is lodge an appeal, but I don't see any doctor being legally able to say that you would not have been affected in any way. Technically at law you were in the wrong...even though for you that sucks,

Will you appeal?

Rhiannon