Legal Question in DUI Law in New Jersey
dui ticket while on prescription methadone pending trial
My son received a dui ticket after a car accident when the officer seen a methadone prescription bottle in his possession. His blood level measured 260 ng/l and the forensic chemist at court produced a standard of 60 ng/l.
We now have to hire a toxicologist to prove that 260 level does not hinder driving.
His daily dose is a common 80 mgs of methadone and his litature from the clinic says he can drive and . How can the state convict him of dui while on this prescription drug? Please advise.
3 Answers from Attorneys
Re: dui ticket while on prescription methadone pending trial
Your question is confusing because you seem to be saying that the trial has already started and NOW you plan to hire an expert. I would expect that if you have a lawyer he would have hired an expert before trial and so I interpret your statement to reflect that the State has an expert whose report you have reviewed.
Taking medication does not by itself prove operating a vehicle while under the influence of the medication so that one is not fit to operate a motor vehicle. If you have an attorney you should be asking him this question. If you do not have an attorney defending against the charges one must be obtained immediately so that he can prepare for trial
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
Re: dui ticket while on prescription methadone pending trial
The fact that the drug is prescribed does not prevent the state from prosecuting the case. If the drug produces a narcotic like effect and impaired your driving, you could be convicted. Make sure you hire an experienced DWI defense attorney.
Re: dui ticket while on prescription methadone pending trial
Use of prescription medication alone does not mean someone is guilty of driving while under the influence. Conversely, just because the medicine is prescribed doesn't mean it's ok to drive while taking it. This case will be won or lost by the experts. The crucial testimony will pertain to the acceptable level of methadone in ones system as well as the instructions governing its use. Please consult an experienced DUI lawyer if you don't already have one. www.dasilvapinho.com
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