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When a DUI is your Prescribed Medication
Is it a dismissible infraction to be driving on the shoulder of
a road with a flat tire? Is it legal to have multiple prescribed
drugs mixed into one vial? The facts below reflect a situation
that led to a search and discovery of prescription drugs being
incorrectly carried, leading to an arrest, custody, forfeiture
and a night in jail. A 64 year old woman is forced to endure
this and retain a lawyer in a terrible situation simply because
she has not stored and carried her medication properly. The
circumstances this defendant finds herself in include personal
oversights that literally thousands in her age group innocently
commit or exposed to every day in South Florida. Those
circumstances, of her mislabeled and inappropriate storage of
medications(s) contributed to the situation explained below.
The Circumstances and the Event
A sixty four (64) year old female resident of Palm Beach
County was driving her husband's (a Surveyor) work car, a yellow
Hummer, when she experienced a blowout. She maneuvered the
vehicle onto the shoulder, continuing to drive with the flat
tire and trying to get to an exit or gas station for help a
police officer stopped her, whereupon she discontinued driving
and she did not resist in any way. The officer continued
questioning her based on her position on the road.
The Arrest
The police officer asked her if she had been drinking, she
has not had a drink in twenty (20) years. The officer continued
to ask questions and she reacted at what she perceived as his
overly forceful, intimidating and rude manner. After the
questioning, she was taken into custody and charged with:
• Felony drug possession of a controlled substance without a
prescription
• DUI
• Civil forfeiture of the yellow Hummer.
Background on the Defendant
The woman suffers from a well documented and long time treated
medical condition, in her eyes, from cataracts that make them
look yellow and irritated. She is prescribed and was carrying in
her possession, several medications; however, all were in one
(1) vial.
The Processing
At the Police Station, she was detained in an office for
five (5) hours without her Miranda rights. Subsequently the
arresting officer asked her to sign a document affirming that
she was Mirandized. She refused, (her glasses were in the car,
and she could not read and had no attorney). At that point she
was handcuffed, processed into the system and booked (Booking
Sheet Available), including Criminal Forfeiture of her vehicle.
She was unable to bond out until one (1) day later.
Defense Position
It is not against the law to drive on the shoulder with a flat
tire. Gloria has legal prescriptions for her medications; even
though she was carrying them all in one vial.
Present Circumstances
The car was returned, and the Mayersohn Law Group continues
in process to get all charges dropped.
Attorney and Defendant available for interview.
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