Firstly, I made some very poor judgement. I was using my phone and crashed into a sign on a traffic island on February 6th. When police attended, they asked for an explanation and I was honest in my response: I was reading a message on my phone. They breath tested me and I blew under the .05 limit (I'm on an open licence). Stupidly, I decided to continue on to get dinner and I was involved in a second collision with another vehicle. The SAME police attended, and considering I was in two collisions within 15min I was charged with DID Drive UIL. I was taken to another station to have my blood specimen taken. My court date was today (17 days after the blood test) and I was ready to plead not guilty as the blood specimen was still not with prosecution, so they had no physical evidence of my intoxication other than indicia.
Prosecution butted in as I pleaded not guilty and said they were still awaiting lab results, in which case the judge immediately asked how long they would need. They agreed on a date of 30 march for the next hearing - over 7 weeks after the specimen and initial charge. It's very frustrating.
Does prosecution have a timeframe to submit evidence to continue with this charge?? This could go on forever if the labs have been lost or they are furiously retesting to find a prohibited substance.
I take oxycodone, Lyrica and diazepam for chronic back pain (I did that day), and the night before I took an Etizolam (which is an analogue of Xanax) to help me sleep. I have already got my doctor to issue me a medical certificate detailing that I am prescribed oxycodone and diazepam.
A couple of questions for those who are familiar with DID Drive UIL blood specimen testing:
1) Do the forensics at the lab measure in ranges for medications? I'd imagine it's hard to determine a therapeutic range when a single 5mg Endone might be therapeutic for someone completely opiate naïve, but as I've been prescribed opiates long term (4 years now), I can take up to 50mg a day, which is my therapeutic range. The lawyer I had a conference call with is confident that her certificate from my doc should be sufficient, regardless of the range.
2) is Lyrica (pregabalin) on the testing panel for QLD blood specimens? I wouldn't imagine so, and my doctor didn't think to include it, so I may need to go back to have this included in the medical statement.
3) Etizolam is NOT a benzodiazepine. It is structurally very similar however, and the only way it would be detected is if it is specifically on the testing panel, or the metabolites are studied. From my research, metabolites are only collected from urine samples, which makes sense as the drug needs to be excreted via the kidneys after metabolized.
4) Is there a formal document that lists what is tested for in blood specimen?
For those familiar with traffic court prosecution procedures:
1) is there a time limit on how long they can keep adjourning my case as to obtain a lab result?
2) What are the chances of the prosecutor dismissing my charge if my test results only come back with oxycodone and diazepam and I show them the medical certificate from my doctor?
My licence was suspended immediately as it was a DID Drive UIL resulting in a blood test, and I'm looking at a mandatory 6 month suspension starting on 30 March (If I'm guilty). Hence why I really want to beat this charge.
Thanks in advance for any assistance anyone can supply.
Prosecution butted in as I pleaded not guilty and said they were still awaiting lab results, in which case the judge immediately asked how long they would need. They agreed on a date of 30 march for the next hearing - over 7 weeks after the specimen and initial charge. It's very frustrating.
Does prosecution have a timeframe to submit evidence to continue with this charge?? This could go on forever if the labs have been lost or they are furiously retesting to find a prohibited substance.
I take oxycodone, Lyrica and diazepam for chronic back pain (I did that day), and the night before I took an Etizolam (which is an analogue of Xanax) to help me sleep. I have already got my doctor to issue me a medical certificate detailing that I am prescribed oxycodone and diazepam.
A couple of questions for those who are familiar with DID Drive UIL blood specimen testing:
1) Do the forensics at the lab measure in ranges for medications? I'd imagine it's hard to determine a therapeutic range when a single 5mg Endone might be therapeutic for someone completely opiate naïve, but as I've been prescribed opiates long term (4 years now), I can take up to 50mg a day, which is my therapeutic range. The lawyer I had a conference call with is confident that her certificate from my doc should be sufficient, regardless of the range.
2) is Lyrica (pregabalin) on the testing panel for QLD blood specimens? I wouldn't imagine so, and my doctor didn't think to include it, so I may need to go back to have this included in the medical statement.
3) Etizolam is NOT a benzodiazepine. It is structurally very similar however, and the only way it would be detected is if it is specifically on the testing panel, or the metabolites are studied. From my research, metabolites are only collected from urine samples, which makes sense as the drug needs to be excreted via the kidneys after metabolized.
4) Is there a formal document that lists what is tested for in blood specimen?
For those familiar with traffic court prosecution procedures:
1) is there a time limit on how long they can keep adjourning my case as to obtain a lab result?
2) What are the chances of the prosecutor dismissing my charge if my test results only come back with oxycodone and diazepam and I show them the medical certificate from my doctor?
My licence was suspended immediately as it was a DID Drive UIL resulting in a blood test, and I'm looking at a mandatory 6 month suspension starting on 30 March (If I'm guilty). Hence why I really want to beat this charge.
Thanks in advance for any assistance anyone can supply.
