Client was followed for 5 miles by another motorist. The motorist called in client to 911 and said client was all over the road and almost hit 2 cars head-on. When client got in town, she rear-ended a car stopped for a red light. No damage was done to either vehicle and client left shortly thereafter. The police responded to the scene and went on a hunt for client. The officers found client at a “social club”. The officers found client to be very uncoordinated, unsteady, dropped his keys without noticing, being slow and lethargic, and speech was slow and slurred.
Client admitted to having a prescription for Vicodin for back pain and she had recently taken the pills. The officer states the client said she was “buzzing pretty good.” Client denies ever saying that. The officer did not record the encounter with client. Client tested negative for alcohol on the breath test, but positive for oxycodone in her urine.
Client was cited for OVI (operating a vehicle under the influence of drugs).
The lab results for the urine only stated that there was oxycodone in client’s system, but not an amount. I had the urine sent to a lab that agreed to test the amount of oxycodone. Once I received the new lab results (which quantified the amount of oxycodone in client’s system), I contacted the expert that the prosecutors use to get his determination of what the test result meant. The State’s expert said that the amount of oxycodone in client’s system was consistent with taking the prescribed amount (not over using the drug).
Armed with this information, I was able to get the client a Reckless Operation, with the 3-day school and a $250 fine. No license suspensions were imposed.