Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Not Guilty Driving Under the Influence of Prescription Medication

This case is the same one my most recent review references.  My client takes Morphine during the day and an Oxy at night because of multiple surgeries. The dosage of each is small as it has decreased over the year since an accident.  His roommate drives with him all the time and the client is fine on the present therapeutic dose.  The client takes the morphine in the AM and then goes about the days business.  The client  goes to a friend's job for a while and then goes to White Marsh Mall for lunch.

On the way back home on 95 the client moves over because a police officer is ticketing someone and then tries to go around a tractor trailer.  As the client tries to merge the client strikes a car.  The client is going 65 MPH and the airbag explodes and knocks the client senselessness.  The police find documents indicating the client takes these prescription medications and the client tells the officer and the EMT that the client took his morphine in the AM.  There is no blood test.  The issue is was the client's senselessness a product of the morphine or from the accident.  I explain that to the officer and the prosecutor but no one is willing to bite the bullet and say- "we can't prove this, so why try it."  Just a function of the way it generally works,  The end result- the judge says how can you distinguish between them and finds the client Not Guilty.

 

 

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  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

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