Legal Question in DUI Law in California

Arrested for Dui (Driving under influence controlled substance)

I was pulled over for exp. registration by Highway Patrol (city limits) I had a temp, registration displayed in front window. The officer asked me to get out and do a sobriety test ( she said I was driving fine) later I was arrested for being under the influence of a CNS Stimulant and Narcotic Analgesic. I gave a urine sample ( they said if I refused they would force a blood draw) I take prescribed medication for sinusitis (pseudoephedrine) and Spinal fusion ( tramadol) the test came back positive for methamphetamine (300ng/ml) I requested further testing . I feel I should not have been pulled over and harrassed like this. Do I have any chance of fighting and winning this case.

Asked on 3/14/09, 12:54 am

2 Answers from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Arrested for Dui (Driving under influence controlled substance)

Yes, absolutely you do, but you will need a skilled criminal defense attorney. I am not in your area, but if you want a referral to one that is, contact me directly. I know several very good attorneys there.

Best of Luck!

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Answered on 3/14/09, 2:21 am
Matthew Koken Law Office of Matthew S. Koken

Re: Arrested for Dui (Driving under influence controlled substance)

I think you have a very good chance of beating this. There are many issues that can be addressed. The first one is that there should not have even been a stop. Assuming you had correct temporary tags the police officer should not have done anything more after she realized that. There is no reason to prolong the stop.

Second, you were driving fine. No reason for you to do any field sobriety tests.

Thirdly, your medications are prescriptions and you need to take them for physical conditions.

Contact an attorney to address these issues. If you would like to discuss this further feel free to contact me. Best of luck.

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Answered on 3/14/09, 4:08 pm

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