DUI and Prescribed Medication

Get free legal advice from a lawyer in your state.

Moderators: Victorian Lawyer, Edward80

DUI and Prescribed Medication

Postby gen » July 8th, 2012, 9:41 pm

Just needing some advice on my case please.....
I recently was pulled over and charged with high range DUI. Immediate loss of licence and a court date a month later.
My thing is I have never lost my licence, still had all my points and believe I wasn't exactly myself that night due to the mix of alcohol and my new antidepressants, which I now believe don't mix well and wasn't informed of this by my doctor.
I am a single mum to an 8 year old boy who has weekend and mid week sports including rep Futsal and have recently started a new job (5 days before this).
I am in the process of getting character references and also a letter from my mental health nurse, and hopefully my doctor.
What do you think could be the outcome?
Any information would be great thanks.
:)
gen
 
Posts: 2
Joined: July 8th, 2012, 9:27 pm

Re: DUI and Prescribed Medication

Postby NSW lawyer » July 12th, 2012, 2:16 pm

You have made a good start in getting character references and a letter re your mental health - the court will be interested to read those.

The court will consider your need for a licence and the other matters you have mentioned, but the stats say that anyone with a High Range in convicted in almost every case - and if convicted you will lose your licence for a minimum of 1 year.

You're also likely to get, at the very least, a large fine.

The issue with the drugs is a difficult one - there is no reason I am aware of that they would have altered the reading, although I of course understand they may have affected your decision making. Unfortunately the courts are often fairly unsympathetic towards people who blame prescription drugs for the drink drives - but I would need to know more before I could say anything for certain.

Hope that helps!
Andrew Tiedt | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/page/Traffic_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
NSW lawyer
 
Posts: 18
Joined: August 24th, 2011, 11:35 am

Re: DUI and Prescribed Medication

Postby gen » July 12th, 2012, 2:21 pm

Thanks for your reply!
I don't believe my medication altered my reading, but yes, affected my decision making. I actually cannot remember getting into my car and driving. This has never happened to me before. My medication is Cipramil. And I haven't touched alcohol since the incident.
My son is also high needs.
Would either of these make any difference in a decision made in court?
gen
 
Posts: 2
Joined: July 8th, 2012, 9:27 pm


Return to Ask A Lawyer

Who is online

Registered users: Arnoldcle