Legal Question in DUI Law in Pennsylvania

vehicle stop and prescription drug

i was stopped in my vehicle by police and had prescription drug klonopin in my possession. the police were concerned about my ability to drive.

no sobriety, blood or urine tests were taken. my car was searched by police and some valuable items were removed. my car was towed to a private garage. i was taken by police to police headquarters. the officer made a property receipt for the items taken, i signed the receipt and the items were given back to me and i left. could dui drug charges be filed against me at a later time?


Asked on 7/12/08, 5:19 am

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: vehicle stop and prescription drug

The police can charge you with whatever they want, the real question is whether the da's office will continue to prosecute you. Basically, if they didn't take breath or blood, they would only be able to proceed as a totality of circumstances as to your inability to operate a motor vehicle safely. Also, if anything, klonopin should make you drive safer, but that is a different discussion. I doubt you will be prosecuted for this, but if you were, you have a lot of defenses, and if you have never been previously arrested, you would get ard, which means no conviction or record. good luck.

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Answered on 7/12/08, 9:39 am
John Gibson John W. Gibson, Esquire

Re: vehicle stop and prescription drug

It seems unlikely.

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Answered on 7/12/08, 4:25 pm


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