DUI charge 0.00 breathalyzer and negative for all drugs tested already accepted into pharmacy school

Discussion in 'Pre-Pharmacy' started by jamacian123, Mar 4, 2018.

  1. jamacian123

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    I need someone who understands pharmacy licensure to answer. Like the title says i blew 0.00 on the breathalyzer and my blood test results came back negative for everything. I got in a car accident and was unconscious until a witness and or a paramedic banged on the door. I was able to walk out of the car. Eventually a police officer came had me do a field sobriety test and i failed the 2nd test which was standing on one foot. I got arrested for probably cause. At the station i took the breathalyzer and registered 0.00.

    When i was put into the holding cell i started getting an extremely bad headache and some pain in my knee and asked if i could see a doctor. They let me talk to a nurse and she said i can't see a doctor because he is too busy and you may have to wait over 24 hours to see him. They only gave me advil for my pain (It didn't help.) I paid bail and was released around 3:30 am the next morning. Just before they released me i asked to make a phone call but i quickly hung up because i was getting yelled at for not hurrying on the phone. I never reached out to my family to pick me up and my phone was already dead. Luckily i was only a mile away from my parents house but my knee was in a lot of pain now. I had to limp all the way home in excruciating pain until i reached my parents house. This is where my sister said she would drive me home instead of my mom i asked her to take me to the hospital. I looked at my knee in the car for the first time and it was all bloody!

    When i arrived at the ER i told them about the pain in my head and my knee hurting. One of the nurses said to my sister i was acting unusual and if i'm always like that. Eventually the doctor showed up and requested a CT scan and an x-ray on my knee. He said you had a brain concussion, swollen knee and a sprained knee but my CT scan and knee didn't show anything significant. He prescribed me a knee stabilizer, crutches, fioricet and ondansetron. This was all in my medical discharge papers but it added that i had a brain concussion (no wake up). I had to hire an attorney to defend me and he told me i was negative for all drugs tested in my blood. It's important to note that the police officers did not find any drugs on me or my vehicle but he is now saying that the blood test didn't check for every drug so i still am convinced you were under the influence of a drug not tested.

    I still have my 1st hearing, and hopefully the case gets dismissed right away. The most messed up thing about this charge is that i was already accepted into pharmacy school and my seat is secure. I have to apply for my pharmacy intern license in a couple of months and i don't even know if my case will be dismissed by then and if it is i still will have an arrest for a DUI on my record. I'm most likely going to be required to explain my arrest to the pharmacy board. Will i get refused an intern license??? This means i can't start school this year. My school has a very clean record of students and even if they do keep me it will defame the school. I had a perfectly clean record before this happened. This is so unfair why is this happening to me?
     
    #1 jamacian123, Mar 4, 2018
    Last edited: Mar 4, 2018
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  3. stoichiometrist

    7+ Year Member

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    Ask a lawyer, not SDN.
     
  4. jamacian123

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    The lawyer i hired doesn't specialize in license being revoke, he is a criminal defense lawyer. I suppose i could ask him but their office is closed on the weekends.Someone on SDN might have an idea how the pharmacy board works since their are pharmacist's and pharmacy students here.
     
  5. capri1722

    capri1722 CU Skaggs c/o 2022

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    Ask your lawyer anyway. Your lawyer has lawyer friends. Highly likely some of them specialize in other areas of law. One of them may know more about licensure.

    I spend a lot of time lurking on /r/legaladvice and /r/bestoflegaladvice on reddit. Questions about DUIs are very common. Also common are OPs who distort the facts, dispute the advice given, take a disrespectful attitude with posters (and presumably lawyers and judges too), and claim they were in the right when they very clearly were not. I am not saying you are any of those things. Based on what you’ve written here I agree your situation sucks and it’s not fair. Just want to caution you to stay respectful and polite and on your best behavior until this is resolved.
     
    #4 capri1722, Mar 4, 2018
    Last edited: Mar 4, 2018
  6. Bareitashvilli

    Bareitashvilli Pharmacy Student

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    This sounds messed up but Don't worry man.
    If you blew 0.00 on breathalyzer and they did not check for all drugs it is their fault. I mean come on do you have to do their job too?
     
  7. jamacian123

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    I know but i'm so scared about my life coming to an end after all i've done for my country and my community. I never would have imagined i would be betrayed by people i trusted like this. I know some people think i'm not telling everything and nobody ever gets arrested unless they deserve it, but that's why I'm thinking about walking into the news station and giving them my drug results, police report (when i get it) and all evidence.
     
  8. capri1722

    capri1722 CU Skaggs c/o 2022

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    PLEASE do not go to the media without consulting a lawyer first. There’s no way to know whether it will help you or hurt you, and you can’t take it back afterwards.
     
  9. jamacian123

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    I agree that could give me a bad reputation.
     
  10. sb247

    sb247 Doer of things
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    What have you done for your country?
     
  11. Bareitashvilli

    Bareitashvilli Pharmacy Student

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    Well crap Jamacian123 I mean how can that cop fault you when you have just been in an accident? And make you stand on one foot? Doesn't the idiot erm excuse me cop know that you were in an accident that you fell unconscious? And Knee injury on top of that. I think it's time to get the lawyer and explain what you have been explaining here.
    Have your accident records ready and the evidence of that cop doing a damn field sobriety test when he should be helping you get medical attention.

    The only logical reason you were 'unusual' was you were in a car accident and you got a concussion. You were shooken up.
    Get that lawyer now. This should be solved in no time.
    Don't focus on your license being revoked focus on the accident and the wrongful arrest and treatment. When you solve that then everything else will fall Into place.
     
    #10 Bareitashvilli, Mar 6, 2018
    Last edited: Mar 6, 2018
  12. jamacian123

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    Thanks Bareitashvilli, i'm hoping i can get this dismissed on my first hearing before i apply for my intern license in July or so. Then i'll have to get it sealed but i'll focus on winning the court case first. When i have my 1st hearing i'll post on here what happened. I really hope it gets solved before July.
     
  13. Robin-jay

    Robin-jay Probationary Status

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    Wish you the best of luck. If what your saying is correct, I'm sorry for the unnecessary stress. Sometimes life is frustrating, but after its all over, think about how much relief you'll have!
     
  14. jamacian123

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    The cop didn't witness the accident and only the witness helped me out of the car. The cop assumed i was fine and not injured. If his police report doesn't indicated i had a beat up knee and a concussion, he can't use the failed sobriety test as evidence, as my medical discharge papers say i had a concussion. They can't deny i didn't have a concussion since they didn't let me see a doctor and if my knee injury isn't on the police report which i'm extremely confident it isn't on then it should prove that no medical evaluation was ever done. Now he doesn't even have probably cause for my arrest since his only probably cause for the DUI is a failed sobriety test.
     
  15. jamacian123

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    Thanks for the support i really need it. This has really been taking away alot of my study time. But i want to get through this so badly. It will feel good knowing i was wrongly arrested by a cop and i hope his reputation gets hurt over this.
     
  16. Robin-jay

    Robin-jay Probationary Status

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    Ya, the distractions from this issue influencing your studies have to insane. However, I guess you just got to keep on keepin' on. Maybe this is a blessing down the road so you know how to deal with "personal problems" while juggling your professional life more efficiently. That's the positive way I'd see it.
     
  17. jamacian123

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    Yeah, that's true i'm trying to be as positive as i can but sometimes i feel like i'm just wasting my time when i'm in school cause the worst scenario is always popping in my head but i really hope this case gets dropped so i can officially prove i was innocent, but until then everything i'm saying is just words to everybody.
     
  18. Bareitashvilli

    Bareitashvilli Pharmacy Student

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    Find the witness and the paramedic who attended you so they can help you win
     
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  19. jamacian123

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    Now i'm worrying if my case goes to trial it may not be until after the 2018 cycle starts. The pharmacy board will need to make their decision before hand. I don't know if it will be better to plea bargain with the prosecutor to reduce the conviction to something lesser and hope that the board still grants me a license or if i should go to trial and get dismissed from school. Does anybody know if you can get an intern license if you are awaiting trial? Can the board deny me licensure even if i give them my blood test (all negative) results and breathalyzer results (0.00)? Damn, this seems like a horrible nightmare and i hope i wake up from it. I think i'm going to call the pharmacy board when they open.
     
  20. jamacian123

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    There was only one witness i think who seen the whole thing, he was the one who helped me out of the car and i think it was him who warned me not to talk to the police about questions regarding if i been drinking or doing drugs. It's like he knew the police were going to arrest me, but i was just thinking to myself "why would it matter i'm not drinking or doing drugs so why would i get arrested" I remember one of the witnesses was giving me nasty looks, probably because i had my child in the car and she thought i was under the influence. If i was charged with a DUI and a child was in the car i should have been charged with a felony but they gave me a misdemeanor? This makes me think that they will threaten me after my arraignment with a felony if i don't plead guilty with a misdemeanor.
     
  21. Bareitashvilli

    Bareitashvilli Pharmacy Student

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    Just get the ones that will favor you then
    Try to convince the other one that you tested negative, maybe she was disgusted that you were bloodied up or something
     
  22. jamacian123

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    I just need to wait and see what the police report says. I don't know if i should plead no contest to a lesser offense even though I think i could win trial. My biggest concern is that, what if i don't get my intern license because i have DUI charges against me. If i plead no contest to reckless driving the board may not look at it as that bad. I want to call the state board and ask them about this but my state only has a few pharmacy schools and word might get around and with my luck they could figure it is me and cancel my enrollment... It's so hard to decide.
     
  23. capri1722

    capri1722 CU Skaggs c/o 2022

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    Ask your lawyer. The advice you get anywhere else is uninformed at best and harmful at worst. Stop posting about your case online. There's a reason most lawyers tell their clients not to discuss their case with anyone.
     
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  24. dizpnoyownzyoo

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    I agree that you should consult a lawyer, but I’d like to give my 2 cents since I, too, have to worry about licensure with a past arrest and a case that was later dismissed.

    I’m not sure what your state pharmacy board’s policies are, but here in California we’re only required to declare all misdemeanor and felony convictions. Like me, you haven’t been convicted of anything and I suggest you fight like hell to keep it that way. What state do you live in? Check its pharmacy board’s policies on this.

    I don’t want to speculate too much as I’m not a lawyer, but with my past experience with the law I have a feeling you’ll be okay. Talk to a lawyer who can win your case cause it sounds like it merits a fight. A public defender may be sufficient, but I can’t make that judgment.
     
    #23 dizpnoyownzyoo, Mar 12, 2018
    Last edited: Mar 12, 2018
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  25. jamacian123

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    Hi diz, unfortunately my state asks if you have been charged or arrested. So i have to say yes. Even if it gets dismissed i could never seal the case in time. If i tell you my state someone on this website may figure out what school im enrolled in. This is why i made a new account.
     
  26. BidingMyTime

    BidingMyTime Lost Shaker Of Salt
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    I can't help but feel there is more to this story, because some of your points don't make sense. But maybe not, police malfeasance does happen.

    It is odd that the police would not have had you evaluated in an ER after arresting you, when you had been in an accident (and the state of your car would have made it clear that you had been in an accident.) This is usually how it is done, for liability prevention.

    If I am reading your post correctly, your drug test was done after you were released on bail, which would have been several hours after your arrest. This, while helpful, does not prove that you weren't under the influence of drugs at the time of your arrest. Although again, since you had zero alcohol, it is odd that the police would not have taken you to the ER to have blood drawn for a drug test, to use as evidence against you.

    Assuming you really weren't under the influence of drugs or alcohol (and I don't remember reading where you said you weren't, just that you tested negatively at different points for them), you can still be found guilty of DUI. Driving while too tired, for instance, in many states can make you guilty of DUI.

    I don't see how keeping you will "defame the school." Unless this was a high profile accident/DUI (which according to you it wasn't), nobody is going to know or be looking up your records (unless needed for a back-ground check.) It's not like Alumni A is going to pull their donations from the school, because they can't believe the school accepted someone with a DUI. And realistically, you are most likely not the first student your school has had, who has had a DUI. And while I can't know for sure with your state, I would find it extremely unlikely if your state had never had an intern/technician/pharmacist who had a DUI and continued practicing (however the board could issue your license on probation and require drug/alcohol counseling/testing or other conditions if they felt they were necessary.)

    At any rate, pharmacy school and intern licensing is the least or your worries at the moment. You need a good lawyer ("good" meaning, s/he knows the law concerning DUI's and the best way to help you through this situation.)

    Pleading "no contest" to a lesser charge will have ramifications. You really need to discuss all the facts with your lawyer, and get advice as to whether that is the best thing to do in your situation (it may or it may not be. )
     
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  27. jamacian123

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    I understand that not everything is said. This is a short post and i can't right the whole accident here. They did ask me if i needed to go to the hospital but i said no. After i was brought to the station thats when my head started hurting and i asked to see a doctor....... After i got out i did go to the hospital and i was diagnosed with a concussion and knee sprain, that's what my discharge papers say. Even if i was sleeping which i wasn't I was specifically charged with DUI (organic solvents). I find it hard to believe that somebody still deserves a DUI if they weren't on drugs or alcohol. At least I hope the jury doesn't think that's what a DUI is.
     
  28. CetiAlphaFive

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    Your lawyer is absolutely an incompetent moron if they can't turn this into a deferred adjudication.
     
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  29. BidingMyTime

    BidingMyTime Lost Shaker Of Salt
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    That depends on your state, some states specifically define DUI as including lack of sleep. But given the extenuating circumstances (ie the police should have taken you to the ER even if you said you didn't need to go), apparent lack of evidence of guilt, and assuming you don't have prior convictions (which it sounds like you don't), your lawyer should be able to keep this from ever being a felony charge.
     
  30. NontradCA

    NontradCA American Hero
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    If what you say is true this is a very easy case for a lawyer, and even representing yourself. Other than that, I would let your school know. It’s not going to matter for pharmacy licensure, misdemeanor conviction or otherwise.
     
  31. Modest_anteater

    Modest_anteater Austin, Texas, USA.

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    OP could still be convicted for DUI as in some states Driving Under the Influence of lack of sleep counts as a DUI.
     
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  32. jamacian123

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    For the record anybody who thinks that what i'm saying is a lie or not the full story they can know that my case was finally denied. I never had to make a plea and they never heard my side of the story and how i was treated. The District Attorney realized that these officer's were wrong after receiving the blood results. Innocent people have been looked down on by their community, gotten arrested, and punished due to officer's like this and i'm a perfect example of it.
     
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  33. sunshinefl

    sunshinefl All Gold Everything
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    Never saw the original story until the update just now. I’m glad it was dismissed. I was mad for you while reading it.
     
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  34. Robin-jay

    Robin-jay Probationary Status

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    Welcome back. But don't stay too long. You'll end up with 1k posts before you know it.
     
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  35. BidingMyTime

    BidingMyTime Lost Shaker Of Salt
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    That is the same thing that I said in my post that you quoted.
     
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  36. jamacian123

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    Hi, it's good that i was proven innocent and i'm happy for that. Over the six months i was wondering, what i would do if i got a plea bargain. I thought to myself, if it was reduced to reckless driving i might plead no contest. I would have been looked at as another lucky DUI driver who got a lesser crime even though i was innocent in the beginning, but thank God for the District attorney and how the law has a system (not perfect) that doesn't allow innocent people to be convicted by police officers not knowing how to do their job. The Officer doesn't have to worry though, but i did with lawyer fee's and ill feeling from people in my community.
     
    #35 jamacian123, Aug 7, 2018
    Last edited: Aug 10, 2018 at 1:04 AM
  37. jamacian123

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    The last semester in school was unusually challenging to stay on track. The way i got through and pulled off on the schools presidents list was to keep moving forward and embrace the suck.
     

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