Legal Question in DUI Law in Minnesota

I am totally, and permantley disabled. I was pulled over by a state trooper, I belive for speeding. He then told me to do the field sobriaty test. I did fail it on gravel then on the side of the road. I have had documented balance issues for years. He searched my vehicle after I did not pass the feild walking test. He did find my prescribed medications. He then placed me under arrest for driving while under the influence of a controlled substance. I went into a panic attack from the way the trooper first approached my vehicle. He scared me with what he said. I was in a panic attack the entire time. He then took me to a facility, said something about a blood test, I did ask him about the test. He said it would be against the law if I did not take it. I had never been under arrest before. Did not know the laws. I did start to walk up to this physility to do the blood test. Then I didn't know what to do, I told the trooper this, I did not know what a lawyer would tell me to do. I did not know what I did wrong. He said refusal. If I did refuse the blood test verbally I did not mean too. I was not myself. Could not think clearly, in this panicked state. I did ask to take another blood test, after I learned I would not be able to drive. I was told no. I did ask to talk to attorney after I did get to the jail, and was informed that I could just pick one for free. I did not have one, and could not afford one. I did ask if I could take my medications. I was told no. I asked for a nurse or some one, as I was in sever pain, and having a major panick attack. I was told no. I left the jail, with no tickets, was not even sure if I really got charged. Until the following Monday, the same trooper asked me to do a deal. I did not know what he was talking about, he said with some task force. I said I did not know those people. He was at my home, left his card on my front door. And, did call me twice to do this deal, and then that is when I found out he had written me six tickets. I did borrow some money for an attorney. Although, this attorney has just informed me he has never had a case like this. I was told he would get a form to me, so I could get a limited licence he has not done that. We did plea not guilty at the first hearing, now waiting for another month for the next heaing. I am a single disabled mother of twin twelve year old boys. I have not been able to drive for over two months now, this has been very difficult. Is it against the law to have prescribed medications in your vehicle? Was there probable cause to arrest me, for not being able to pass the field test. I cannot do that test at physical therapy. I never intended to refuse the blood test didn't have anything to hide. I was not sure of the laws, or what a lawyer would tell me to do, I told the trooper this, he said refusal of a blood test then. I am not sure if I did answere him. I was afraid of this trooper. He did come to my home with out me knowing. I feel discriminated against, for him searching my vehicle, leaving personal things on my dash. I have never been arrested. Why would this trooper want me to work a deal with him? I do not know those types of people. I believe that is why he did give me six tickets for speeding, a few DWI charges for prescribed medications, he found while searching my vehicle. I feel my rights have been violated. Am I wrong? I still do not know for sure why he actually pulled me over. He told me one reason, then in the narritive states that I was speeding, and had crossed the center lane. I need to get driving so it would be easier to take care of my son's. I am not sure I have a good attorney. He did tell me already more than twice he would get me a form to then get driving again, and then offered his firm to even help with the fee for the limited licence. Now he does not seem to want to do that. I need help, I do qualify for a public defender, although I was told this attorney could get all charges dropped. I am unsure what to do?

Asked on 5/09/12, 1:28 am

2 Answer from Attorneys

Christian Peterson Christian Peterson Law Office

There are several defenses to a DWI involving prescription medications, as well as several possible problems with the State's case. You can certainly go with a public defender, but they cannot help you with your license, whereas a private attorney would help you with all aspects of your DWI. You should do this soon, as you only have 30 days to challenge the revocation of your driver's license. I am available for a consultation by phone at 612-269-1902.

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Answered on 5/22/12, 3:31 pm

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