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PromisesToKeep
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Default Aug 21, 2010 at 08:59 PM
  #1
PLEASE BE FOREWARNED

I have been on the same psychiatric medications for several years and I do not feel any mental impairment as my body has become used to their effects. I do not take recreational drugs, drink or use any other controlled substances. The course of treatment that I chose to treat a severe back injury is injections of a type of steriod, again with no mental impairment.
However, all five of my psych meds have caution labels regarding driving and operating heavy equipment and that drowsiness is a risk.
In November, while backing out of my parking space, I accidentally brushed my bumper against the mailbox. The apartment manager that was aware of my diagnosis and judgemental (disabled housing, therefore, I had to disclose my diagnosis) witnessed this accident. While I was pulling out my insurance card, she called the police and told them that I was driving under the influence of drugs. They responded and did the field sobriety test and I failed two of the several tests because of my lack of ablility to stand on one foot and had difficulty with balancing while walking the line due to my back injury. The breathalzyer revealed my blood alcohol level at .00 (no alcohol involved). Yet because the apartment manager told them I was on drugs and the mixed results of the field sobriety test, I was arrested for DUI and convicted of DUI as my blood test revealed that I was taking a benzodiazepine. $7000 in legal fees and fines, eviction from my apartment, 12 months probation (at $55 per month and $25 for drug testing), mandatory treatment in the form of group therapy for drug addicts and alcoholics as well as mandatory AA meetings and 6 month revocation of my drivers license resulted. The judge had the option of dropping the case or lowering the charge to reckless driving but chose instead to throw the book at me as hard as the law allowed even though I provided him with proof of my prescriptions and the blood test revealed medications were within therapeutic levels.
I am so frustrated and angry that the law was applied in this fashion. I am medicinally compliant to enable recovery and not having any of the side effects that I first experienced when introduced to my medication. I was not impaired. Having been involved in MADD, the last thing I would ever do is drive impaired, yet, I have been convicted of doing so.
Conclusion: I don't feel like I should have to choose between treatment of a diagnosed psychiatric condition and operating a vehicle if I am not impaired. Yet, in the age of drunk/drugged driving awareness, the stigma still associated with mental illness and law as written being applied without compassion, I feel like I either need to sell my car and take a bus or go off my med, risking suicide and relapse.
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Default Aug 21, 2010 at 10:46 PM
  #2
ptk,

same basic thing happened to me, only I actually fell asleep at the wheel due to my med reacting bizarrely one morning ( didn't eat before taking it like I usually did) and I rear ended someone. STILL on probation, and it happened in 2005. I know what happened was bad and could've been so much worse but I too hate that it seems like just one more reason for those of us with MI to be unwilling to take meds!

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Trig Aug 22, 2010 at 02:07 AM
  #3
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

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Last edited by FooZe; Aug 22, 2010 at 04:23 AM.. Reason: added trigger icon
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Default Aug 22, 2010 at 05:37 AM
  #4
Rhiannon, you're quite correct. This was back in April 05 for mine, needless to say I got a lot more cautious after that . I don't know if you were asking me or not, but no I don't plan to appeal a thing, my lumps are my lumps to deal with. Sure it was pricey and all, but sometimes that's what it takes to wake someone up. I know it did me! I was mighty ticked off at the time but I've grown to realize all the things that you said. I too now wait a number of hours before doing anything dangerous like driving, swimming even. Not that I swim much . Good post, I think sometimes we (in general) think we should get a pass because we're doing the "right" thing by seeking treatment for our illnesses, then get penalized like we were intentionally blatantly negligent such as we perceive drunk driving to be, does that make sense? Still and all, you make great points!

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lotusflames
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Default Aug 22, 2010 at 05:38 AM
  #5
i know my meds cause drowsiness, it says it on the pack. i specificallky take one dose at night knowing i wont be going out. and if i'm workjing nights i swap them round and dont take the mirtazapine cos i cant stay awake.

however, that said, if something did happen potentiually i could lose my licence as i've not told the dvla i take them! i wont cos i know they'll take my licence for a while and i need to drive for work
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Default Aug 22, 2010 at 05:59 AM
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Quote:
Originally Posted by lotusflames View Post

however, that said, if something did happen potentiually i could lose my licence as i've not told the dvla i take them! i wont cos i know they'll take my licence for a while and i need to drive for work

Lotus, if you don't mind sharing, where are you located? I've never had to report to DMV (roughly the equivalent of DVLA, i'm assuming) any of my medications...? It is an odd concept to me!

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Default Aug 22, 2010 at 06:24 AM
  #7
Wow! You really did get the book thrown at you. Doesn't seem your atty did you any good. The rehab and AA requirements are out of line. Someone else who needs those programs will have to wait because of what a judge decided. I am really sorry this happened to you. I would appeal instead of giving up. With this on your record...it follows you everywhere. What an evil landlord you had. I wish you luck!
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Default Aug 22, 2010 at 06:40 AM
  #8
Hiya All

Rhiannon we are in Australia and it is more than likely that different laws apply in the Ohio (US). I know some-one who was on a heavy dosage of psych meds. They side swiped another car when driving and took the others car side mirror off. She had no recall about driving at all.

When the police eventually caught up with her she admitted to being on medication at the time. (A second person telling them that would be inadmissable). The police could have used their discretion and not fined her and taken her licence away..... as she was served with a summons to court one day less than a full year. Eventually she lost her licence for 3 years.... I dont know if she will ever get it back. But truly she could have had a mojor accident with fatal consequences.

I am sorry Promises to keep that your apartment manager was very cruel.

I just got a different car and scraped the fence as I wasnt quite sure of the size of the car.

But its true, we all need to keep ourselves safe an be very aware of our surroundings at all times while driving. I move heavy medications to night times. If I need to take them during the day - then i normally sleep in my bed.

I suppose one bright side is that buses are much cheaper than cars...... but that doesn't help you much.........
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Default Aug 22, 2010 at 11:11 AM
  #9
Thank you all for your replies. Awareness is the first step in solving any problem. I would like to clarify a few minor points. I have been acclimated to these same meds for years so I am not likely to experience the same side effects as someone first introduced to the same medication/dosages I take.
HOWEVER, I have never driven within four hours of taking any of my medications. Upon consultating with my psychopharmacologist, he helped me develop a schedule for taking my medications so that if any impairment were to occur, it would would have minimal impact on my daily life ie taking my antidepressant and mood stabilizers at 6 am so that I may leave the house by 10am and then taking my other medications at bedtime, and not leaving the house until 10 am the next day. Yet benzodiazepines, the drug which the judge pointed to as evidence of my guilt, had not been taken for 20 hours (far longer than one would feel the effects of that medication as many who are prescribed multiple dosages of ativan, klonpin or xanax per day could attest to) yet benzodiazepines will be detected in urine or blood for 48 to 72 hours after the last dosage.
My point is that I have been hypervigilant regarding the effects of my medications, impairment and their effects on my performance ability througout the day, even to the extent of paying for a consult out of pocket with a heavily published psychopharmacologist. Backing into the mailbox occured at 6 pm occured twelve hours after taking any medication whatsoever. Probable cause was established by my apartment manager telling the police that I was on drugs and the fact that I was not able to complete all of the field sobriety tests due to the effects of my back injury. Those all medications that prescibed showed up in my blood test were all within therapeutic levels or lower, do to the timing of when the last dosage was taken.
I have taken every precaution that I can think of so that I am able to safely operate a vehicle, or a backhoe, for that matter. Regarding my back injury which easily qualifies me to take narcotics for pain management, I have defered to treatment that will not impair me in anyway, all in the name of being accountable for my impairment even though accepting narcotic treatment would ease the pain that I live with each day. I am also aware that narcotic therapy, regardless of the medication, dosage or timing of the dosage is directly linked to exacerbating my existing depression. The lawyer did the best he could but I happened to get on the docket of a judge who is notarious tough on the usages of medication in relation to driving.
No, I do not plan to appeal the conviction as I do not have the financial resources to do so and although I have sought the assistance of legal aide and pro bono lawyers, this is a minor conviction in comparison to the other cases overloaded by a system that is extremely understaffed and should legal aide even agree to help me, I would be taking legal help from others that exist at or below the poverty line, denying others opportunity to help the causes of others with much more serious issues than my own.
End result, because I am on disability and the fines and other expenses related to my conviction, I have to choose between being legally compliant and paying my fines or buying groceries. It is now necessary to go to the local soup kitchen to sustain life on the meals provided and accept food boxes of expired, roach infested food to make ends meet.
My point is that regardless of the extensive steps that I have taken to ensure the safety of myself and others while maintaining medicinal compliance, I was convicted of DUI even though I was not impaired, confirmed by the timing of taking any of my my medications. I submitted to the court my confirmation that all medications that were detected were prescribed, a schedule of when I take any medication in regards to the safety of myself and others and confirmation from the psychopharmacologist of the schedule of the administration of when I take my necessary dosages.
If there were any more precautions that I have could have taken, I am not aware of them. However, I chose to submit my post so that reader might not encounter the same legal problems that I have experienced. I was responsible, accountable for my actions and sought assistance to prevent such an event for occuring. Yet still the outcome came to be as the judge deemed to be correct yet the conviction occured regardless of the validity of my defense and the submission of evidence provided to the court in order to assert my innocence.
I just want others who take medication to be aware that by maintaining medical compliance, regardless of taking the necessary precautions to enable me to live a normalized existence that we are still risking a conviction that is unjust and biased. DONT STOP YOUR MEDICATIONS but use every percaution within your power to ensure your own safety and the safety of others.
ptk
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lotusflames
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Default Aug 22, 2010 at 11:18 AM
  #10
I'm in the UK and according to the DVLA you should report all chronic illnesses to them which obviously includes bipolar and you're meant to tell them your m eds too.

experience by friends tells me if you tell them they bar you from driving for 6 - 12 months and make you take your test again so most people dont tell them
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Default Aug 22, 2010 at 12:31 PM
  #11
Thanks for your post, sorry you received such a sentence for compliance to meds.
On Friday I was feeling confident ( 4th week of freedom from the pain and flatness from depression) and attemped to back in to a parking spot and scraped a little paint from a fence. My car will need a spot of paint as well.
I was aware my energy level has not been raised to meet my emotional energy and was continuing to pace myself.
Even though I thought I was being careful with timing of medication, and I know Clonazepam has stays in your system for a long time, I did not know that detection that many hours was possible and due to precedent could lead to conviction. Without consideration to levels.
Yet in the past I find I was more impaired driving before depression/anxiety medication with working long hours.

Thanks again I will limit my driving more and use public transportation more often. Not to mention practice backing into spots with out solid boundries.
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Default Aug 23, 2010 at 01:28 AM
  #12
did you try talking to NAMI? This sounds like something they would drool over... they love controversial cases

sorry this happened to you... send bags of dog poop to the former landlord for every special occasion possible.

Quote:
Originally Posted by PromisesToKeep View Post
Thank you all for your replies. Awareness is the first step in solving any problem. I would like to clarify a few minor points. I have been acclimated to these same meds for years so I am not likely to experience the same side effects as someone first introduced to the same medication/dosages I take.
HOWEVER, I have never driven within four hours of taking any of my medications. Upon consultating with my psychopharmacologist, he helped me develop a schedule for taking my medications so that if any impairment were to occur, it would would have minimal impact on my daily life ie taking my antidepressant and mood stabilizers at 6 am so that I may leave the house by 10am and then taking my other medications at bedtime, and not leaving the house until 10 am the next day. Yet benzodiazepines, the drug which the judge pointed to as evidence of my guilt, had not been taken for 20 hours (far longer than one would feel the effects of that medication as many who are prescribed multiple dosages of ativan, klonpin or xanax per day could attest to) yet benzodiazepines will be detected in urine or blood for 48 to 72 hours after the last dosage.
My point is that I have been hypervigilant regarding the effects of my medications, impairment and their effects on my performance ability througout the day, even to the extent of paying for a consult out of pocket with a heavily published psychopharmacologist. Backing into the mailbox occured at 6 pm occured twelve hours after taking any medication whatsoever. Probable cause was established by my apartment manager telling the police that I was on drugs and the fact that I was not able to complete all of the field sobriety tests due to the effects of my back injury. Those all medications that prescibed showed up in my blood test were all within therapeutic levels or lower, do to the timing of when the last dosage was taken.
I have taken every precaution that I can think of so that I am able to safely operate a vehicle, or a backhoe, for that matter. Regarding my back injury which easily qualifies me to take narcotics for pain management, I have defered to treatment that will not impair me in anyway, all in the name of being accountable for my impairment even though accepting narcotic treatment would ease the pain that I live with each day. I am also aware that narcotic therapy, regardless of the medication, dosage or timing of the dosage is directly linked to exacerbating my existing depression. The lawyer did the best he could but I happened to get on the docket of a judge who is notarious tough on the usages of medication in relation to driving.
No, I do not plan to appeal the conviction as I do not have the financial resources to do so and although I have sought the assistance of legal aide and pro bono lawyers, this is a minor conviction in comparison to the other cases overloaded by a system that is extremely understaffed and should legal aide even agree to help me, I would be taking legal help from others that exist at or below the poverty line, denying others opportunity to help the causes of others with much more serious issues than my own.
End result, because I am on disability and the fines and other expenses related to my conviction, I have to choose between being legally compliant and paying my fines or buying groceries. It is now necessary to go to the local soup kitchen to sustain life on the meals provided and accept food boxes of expired, roach infested food to make ends meet.
My point is that regardless of the extensive steps that I have taken to ensure the safety of myself and others while maintaining medicinal compliance, I was convicted of DUI even though I was not impaired, confirmed by the timing of taking any of my my medications. I submitted to the court my confirmation that all medications that were detected were prescribed, a schedule of when I take any medication in regards to the safety of myself and others and confirmation from the psychopharmacologist of the schedule of the administration of when I take my necessary dosages.
If there were any more precautions that I have could have taken, I am not aware of them. However, I chose to submit my post so that reader might not encounter the same legal problems that I have experienced. I was responsible, accountable for my actions and sought assistance to prevent such an event for occuring. Yet still the outcome came to be as the judge deemed to be correct yet the conviction occured regardless of the validity of my defense and the submission of evidence provided to the court in order to assert my innocence.
I just want others who take medication to be aware that by maintaining medical compliance, regardless of taking the necessary precautions to enable me to live a normalized existence that we are still risking a conviction that is unjust and biased. DONT STOP YOUR MEDICATIONS but use every percaution within your power to ensure your own safety and the safety of others.
ptk

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