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Old 12-19-17, 11:33 AM
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Question Lots of legal problems

I recently had a wreck and was charged with a DUI. I take Adderall, Lyrica, Cymbalta and Hydrocodone and Clonazapam as needed. I had taken the first three on this day. I was driving from TN. to I'll. I was only an hour into my drive when I topped a hill on the interstate, when BOOM‼️ I had rear ended a pickup
truck that was going 20 mph with his flashers on, he was following a semi pulling a big piece of farm equipment and in front of the semi was a huge farm tractor.
They were all going 15-20 mph on the interstate!

Well, when I hit him, he hit the trailer that the semi was pulling. The he rolled into the ditch several times. I had my cruise control set at 70, which was the speed limit. Thankfully he was not hurt. I had minor injuries, my knees hit the dash. 5 months before this happened, I had total knee replacement. So I went to the ER to get it checked out. I was also having pretty good chest pain (bc the airbag hit me really hard and my seatbelt bruised me bad) so I was transported by ambulance. Both trucks were totaled.
So I am in ER and they take me to X-Ray and MRI. On the way to X-Ray I had the little guy pushing my wheelchair stop at a vending machine to get some water. I took a Hydrocodone bc I was hurting so much.
When I got back to the room they had put me in, the state trooper was sitting there waiting for me. He had searched my suitcase while I was gone and found all of my Meds plus a 1/2 pint of Jack Daniels that had been opened. So I was charged w/ open container automatically. Then he wanted me to take sobriety test. I did. Failed miserably. I can never walk a straight line, I have Neuropathy in both of my feet. I told him that, he said I was being charged with DUI. HE didn't arrest me, just charged me. My son came and got me, I rented a car the next day and made the trip back to Illinois.
Oh, I forgot to mention that I had to submit to a blood test. He said if I didn't, I would loose my license for a year. So I did. I told him I had just taken a Hydrocodone.
Well, I had to go to court three weeks later. I hired an attorney the day before court. He told me to plead guilty to the DUI charge, bc I have a DUI on my record from three years earlier. For drunk driving. This was bad. I would have to serve some time if the court found the other one, I was being charged with a first DUI. If I didn't plead guilty, it would have been put off for some time and the prosecutor would have time to search and find my record.
So I pled guilty and spent 48 hrs in jail, had to have LifeSafer ignition system install in my new vehicle for one year and my license were revoked and I got a restricted driving permit. Now Illiinios is telling me that my driving privileges and my vehicle registration is being revoked just in Illinois. I'm totally legal everywhere else.
That's my story. Has anyone else had any problems like this? I could use some advise?
Thanks for reading this long post. But, I wanted to give all the details so you would know everything.
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Old 12-21-17, 04:48 AM
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Re: Lots of legal problems

Quote:
Originally Posted by Country Girl View Post
I recently had a wreck and was charged with a DUI. I take Adderall, Lyrica, Cymbalta and Hydrocodone and Clonazapam as needed. I had taken the first three on this day. I was driving from TN. to I'll. I was only an hour into my drive when I topped a hill on the interstate, when BOOM‼️ I had rear ended a pickup
truck that was going 20 mph with his flashers on, he was following a semi pulling a big piece of farm equipment and in front of the semi was a huge farm tractor.
They were all going 15-20 mph on the interstate!

Well, when I hit him, he hit the trailer that the semi was pulling. The he rolled into the ditch several times. I had my cruise control set at 70, which was the speed limit. Thankfully he was not hurt. I had minor injuries, my knees hit the dash. 5 months before this happened, I had total knee replacement. So I went to the ER to get it checked out. I was also having pretty good chest pain (bc the airbag hit me really hard and my seatbelt bruised me bad) so I was transported by ambulance. Both trucks were totaled.
Wow how scary!

Quote:
So I am in ER and they take me to X-Ray and MRI. On the way to X-Ray I had the little guy pushing my wheelchair stop at a vending machine to get some water. I took a Hydrocodone bc I was hurting so much.
When I got back to the room they had put me in, the state trooper was sitting there waiting for me. He had searched my suitcase while I was gone and found all of my Meds plus a 1/2 pint of Jack Daniels that had been opened.
Never take any medication at a hospital that the hospital didnt give you unless you receive express permission. It doesnt matter that you have a script for the vicodin, the script you have is for a specific pain issue not a car accident. No matter what your reasoning or innocense it looks bad.
As far as having your stuff searched here is what comes to me off the top of my head... did they find any evidence of meds or alcohol in your car or was it just your suitcase? If it was just your suitcase then that sounds like unlawful search and seizure. Did you have your miranda rights read to you? When?

Quote:
So I was charged w/ open container automatically. Then he wanted me to take sobriety test. I did. Failed miserably. I can never walk a straight line, I have Neuropathy in both of my feet. I told him that, he said I was being charged with DUI.
Regardless of where the open container is, its is still technically accessible so he nailed you for that one. Did he give you a breathlyser? And how is a FST in a hospital after a car wreck ok?

Quote:
Oh, I forgot to mention that I had to submit to a blood test. He said if I didn't, I would loose my license for a year. So I did. I told him I had just taken a Hydrocodone.
He lied. They can get a warrant for you to submit to a blood test but he cant threaten you with losing your license or anything else. And depending on when your rights were read you didnt have to tell him you took the vicodin either. not at that point at least.


Quote:
Well, I had to go to court three weeks later. I hired an attorney the day before court. He told me to plead guilty to the DUI charge, bc I have a DUI on my record from three years earlier. For drunk driving. This was bad. I would have to serve some time if the court found the other one, I was being charged with a first DUI. If I didn't plead guilty, it would have been put off for some time and the prosecutor would have time to search and find my record.
So I pled guilty and spent 48 hrs in jail, had to have LifeSafer ignition system install in my new vehicle for one year and my license were revoked and I got a restricted driving permit. Now Illiinios is telling me that my driving privileges and my vehicle registration is being revoked just in Illinois. I'm totally legal everywhere else.
That's my story. Has anyone else had any problems like this? I could use some advise?
I wish I could have caught you before court. You needed a better lawyer that could petition for the discovery which would have included dash and body cams and all hospital records. They would have put in a postponment until they could review all the evidence and planned a defense so court could have been in 6 months not three weeks. The lawyer could have appealled things based on violation of your rights (if there were any). As far as I know DUI's can be reciprical in some states so find out it TN is one of them. So even though you have interlock now your driving is revoked? Why the change? And I would find out about TN. Lots of times revoked also goes across state lines.

My quick story- tried to make it home on a flat.Got pulled over in my driveway. Failed FST went to the Police station, blew a zero. gave urine sample- clean but I was terrfied and like a deer in headlights and disclosed the bipolar to them. I was still charged with a DUI. I had to hire a good lawyer at $5000 who forced them to hand over all evidence, pay for my own "expert" to say that my bipolar meds do not impair me had all charged dropped to a careless driving and get this...STILL lost my license for 30 days simply because the prosecutor wasnt willing to say the cop was wrong.
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