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Magnate
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Join Date: Aug 2006
Posts: 2,871
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Magnate
Join Date: Aug 2006
Posts: 2,871
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Perscription medication,
Tam that is a touchy one. If you take perscription medicaiton and the blood work shows a theraputic dose, there is no law in PA that says you are under the influance if in an accident. Accidents are that because they are accidents.
With DUI or medication under the influance for a charge you have to be under the influance of alcohol or medicaiton; not theraputic or illegal to impair.
If a doctor does not tell you not to drive and revoke the privelage in PA, and your levels are the theraputic there is no law broken.
IF the levels are abused, if your medication states not to drive, your doctor instructs you not to drive you have problems.
I had a local PD pull over my daughter just because she was driving 10 miles over the speed limit and took her DUI as he knew she took oxycotin. It should only be a speeding ticket.....First thing the Judge asked was what is the PC?
The case was thrown out. If she never crossed the lines, never went into oncoming traffic, did not run lights, or off the side of the road, there was no PC,
Can not ask to take a drug test for DUI, only if the cause that medication was not theraputic to request Drug test...But if there is theraputic levels and no violations, just speeding, traffic ticket for speeding, no DUI .
IT is a violation of civil rights just becasue someone take perscription medications to be cited DUI without cause. An accident is not alone cause. There is a lot more. Much can not be made by observation either, as anyone in an accdient is confused or disoriented.
You can do your own test like, walking the line, holding the foot out, couting backwards, touching finger to the nose. Now do you fall over, stumble, forget the second no? There may be some problems and meds need to be decreased to drive.
A lot of the time, it is lack of good sleep, and lack of confidance that leads to poor driving habits.
Do you find you have near misses, run a stop sign, do not see someone with breaks on, miss turns and end up who knows where (although I do this froim stress). A near misses, be concerned, three there is a potential problem.
The whole key is keep it theraputic, and too many medications with warnings not heeded.
Someone could take a cold formula and drive the same way, would they get a DUI? If the BAC is lower then .08 not here in PA.
Unless there is illegal or over the perscribed limits, there is no DUI, in PA.Not since the incident we had three years ago.
We all can use our good judgement, and listen to family if they see really off driving patterns.
di
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