DRIVING UNDER THE INFLUENCE OF DRUGS

DWAI Drugs is a very serious offense. And many people who are arrested for this crime did not even know they committed a crime. Imagine this. You are in your doctor’s office. He prescribes you medicine, which you obtain from your local pharmacy. Later that day you are in a hurry to pick your daughter up at the bus stop. You had not noticed that your inspection is a month overdue. Blocks from the bus stop you are pulled over. The officer had noticed the overdue inspection. After showing him your license and registration you are surprised to hear:

“Have you had anything to drink today? “ You tell him no. He eyeballs you and tells you:

“Step out of the car.” Before you know it you are performing several exercises that resemble gymnastic routines and knowing the alphabet backwards. The officer is not satisfied with your performance. Another patrol car has pulled up by now. You are asked to blow into a black rectangular device to determine if you have consumed alcohol. You have not consumed alcohol since college, so you blow confidently. It says .00.

You are shocked when the officer tells you to turn around and put your hands behind your back and reads you your rights. From the back of his car you frantically plead to call your husband to pick up your daughter. You are told to calm down, that you can call from the station. You watch as the officer gets on the radio and reports an unattended child at the bus stop near your street.

The officer tells you he is a Certified Drug Recognition Expert (DRE). You feel relief. You have never taken an illegal drug so you cannot be charged with any crime, right?

WRONG!!!

In New York State you can be charged with a misdemeanor for a crime if a law officer determines in his/her opinion, your ability to operate a motor vehicle has been impaired, to any extent, by the consumption of any drug listed by the New York State Department of Health as a controlled substance, including prescription medicine. Usually a disposition is negotiated outside of Vehicle and Traffic Law, Section 1192 in cases involving prescription medication. This minimizes the collateral consequences attached to the final disposition.

In New York State you can be charged with a misdemeanor for a crime if a law officer determines in his/her opinion, your ability to operate a motor vehicle has been impaired, to any extent, by the consumption of any drug listed by the New York State Department of Health as a controlled substance, including prescription medicine. Usually a disposition is negotiated outside of Vehicle and Traffic Law, Section 1192 in cases involving prescription medication. This minimizes the collateral consequences attached to the final disposition.

Numerous otherwise law abiding citizens have endured this scenario in the recent past in New York State. Mark Fluery has represented many people charged with Driving While Ability Impaired Drugs, and has the knowledge and experience necessary to prevent an unjust prosecution. If you are charged with DWAI Drugs, contact Mark Fluery immediately.

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