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anaylor01

Blood test

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First of all let me make this completely CLEAR. I was NOT on any drugs. I was not driving erratically. There was absolutely no reason for me to be pulled over. Everything the officer said in his narrative was complete lies. NOW. Weather you chose to believe me or not is irrelevant.  The below is the report my public defender says is the result of the blood drug test. And he is saying that is all. The first two is the diazepam  I had a 10mg tablet 12 hours before I was arrested. The other two are my anti depressant and anxiety that I took TWO days before. I swear everything I am stating is 1000% the truth.


Drug confirmation by gas chromatography/mass spectrometry:
diazepam
nordiazepam
oxazepam
temazepam

The blood collection tube, sample and method of analysis are compliant with the requirements of 19 CSR25-30.070 or 19 CSR 25-30.080, as applicable.

I, the undersigned, performed the analyses described in this report.
Xxx DHSS type 1 Permit # Expires 09/14/2019, assisted in the analyses.

This report contains opinions, interpretations and/or conclusions of the undersigned. I, the undersigned, do hereby certify that the above and foregoing is a true and accurate summation of the results of analyses conducted.

I asked my public defender for the detailed report. Here is what he replied with.
Spoke to your prosecutor yesterday. The state says there is not a more detailed report. They say in terms of DWI that does not involve alcohol, the lab only tests for the presence of substances and not the actual amounts. With alcohol testing the lab reports produce an exact BAC reading, but that's not the case with non-alcohol blood testing.

So you can be charged with a DUI even if you hadn't had any prescribed medication in days? How is this even possible or legal?

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You need to understand that even if the drugs are prescribed medication, you can still be charged with driving under the influence.  The law is not limited to just alcohol and illegal drugs.  You can have the sample retested at an outside lab and get the actual levels in the blood to establish that there were at or below the recommended therapeutic cut-off.   Talk to your lawyer.

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34 minutes ago, anaylor01 said:

Thanks for your reply. I am completely shocked that they don't have to be any levels. In that case almost anyone could be pulled over and arrested for dwi. Or is that the idea?

 

There are two parts to the DUI laws of most states. The first part is that you are guilty of a DUI if you operate a motor vehicle with .08 or higher blood alcohol concentration (BAC). This is the part most people know as that is what gets the most publicity. But the other part is that you are guilty of a DUI if you are driving with any amount of alcohol or drugs in your system and your driving is impaired. The difference between the two is that with the former the state does not have prove you were impaired. It only has to prove you operated a vehicle and had .08 or greater BAC. But with the latter, while the state does not have to prove a certain amount of alcohol or drugs, it does have to show you had some alcohol in your system and that you were impaired.

 

Most people who drive impaired don’t realize their own impairment; that's one of the problems with many drugs and with alcohol, too: the person on the drugs or booze thinks he or she is in better shape than he or she really is; those around them see the effects on the person more than the person himself/herself. 

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So the officer says my driving was erratic, so it was erratic? WOW.  Yeah cause police don't lie. I just read an article this morning the police hit a car stopped at a stop light and then charged the driver with DWI. The driver had never drank a day in his life and all the tests came back negative. They didn't drop the case for 3 months and the driver was awarded a $1 million dollar settlement. I plan on getting $100 million. I can prove he is a liar. I can prove there was no intoxicating amount of drugs in my system. Which by the way all were prescribed. This cop has to go to jail for the rest of his life and I am going to make sure he does. Because if he can do this to me he can do it to almost anyone. And I am 100% I am not the first person he has done this too. I am a 48 year old computer programmer that hasn't been in trouble in my life. I REALLY want to know why he chose me to do this too.

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The officer pulled you over for some reason.  He or she believed you were driving erratically.  As it turns out, youdid have drugs in your system that can cause erratic driving.  If the case proceeds to trial a judge will decide who to believe.  But I suspect the judge will conclude it is not a coincidence that a person who has drugs in their system could have appeared to be driving erratically to the officer.  There is only one person whose opinion in the matter counts:  the judge!

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Look RetiredinVA, I have already said. I wasn't on drugs and there was absolutely no reason to pull me over. Everything he said was a complete lie. Now you can chose not to believe me but if you do than please don't waste my time with a post calling me a liar. Thank you.

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Calm down Sir.You already admitted you takeing prescribed medication,and that test results revealed these same medications that you are currently taking.The medications you spoke of,will remain in your blood,even if you did miss a few doses,though they may not have caused any impairment in your driving.

No one here is saying your lying,and you may want to ask your attorney about any evidence of the officer's dash cam.Very often,an officer will turn it on,to have as evidence of impaired driving,such as weaving,running a stop sign or red light.If in your case there isn't any such evidence,I would have to say,I would find that very suspect on the officer's part,as it's pretty standard procedure to have the cam running during DUI/DWI stops,makes good common sense as well.

I do hope sir,that you are telling us everything that happened,and consult with your attorney.If you feel so strongly,that the officer had no good reason for stopping you,and you were not impaired in your driving,I would suggest you file a formal complaint against that officer,who knows,a pattern of unlawful stops might emerge with regards to that particular officer,good luck to you,Sir.

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I WISH there was a video. If there was a video the Officer(I hate calling him that. To me he is a criminal) wouldn't have been able to lie about everything.  But I guess that is why he did what he did because he knew he could get away with it. Like I am sure he has done time and time again. I had just assumed because of Ferguson every cop in Missouri had a dash cam or body cam. So when I got arraigned the prosecutor said  "He almost hit someone". I was like "What in the HELL is she talking about?" She was referring to what the officer said in his report. Which I didn't know until I got the discovery. So I said to the judge. "Let's watch the video" The judge said "You'll have to waive your rights to watch the video". First thing. There is NO video. Second thing. I wouldn't have had to waive my rights to watch the video if there was one. So the judge lied twice. So at least I was smart enough not to waive my rights.  This WHOLE thing has felt like some kind of setup. The County I got arrested in they truly believe they can get away with anything and apparently have been getting away with it for a LONG time. 

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