My question involves criminal law for the state of: Massachusetts
While driving my car, my girlfriend returning from a visit to Maine was pulled over, allegedly, for speeding. The officer claimed he smelled an odor of alcohol and asked if she had been drinking at which time she answered no I never drink. While fumbling around to try to find my registration and her own licence, she answered numerous questions posed by the officer (in great detail because of her personality and anxiety with being stopped). While looking through her purse for her license, she handed him an empty bottle of prescribed medication that had her name on it to prove she was who she said she was until she found her license. The officer asked what medication you are on and she replied "blood pressure medicine". While continuing to look for her license he noticed 2 other prescribed medications in her pocket book and then asked why she didn't tell him about those? She replied, you asked me what I was on. She stated I also take medication for cold sores and ADD. The officer demanded she step out of the car and conduct specific field sobriety tests. My girlfriend immediately stated she cannot complete any motor skills as she was born with cerebral palsy. Despite these statements, the officer demanded she complete the tests at which time she failed miserably because of her Cerebral Palsy. He proceeded to conduct an eye test with a pen and He then told her to close her eyes and tell me when you count to 30. My girlfriend alleges she counted in her head slowly and advised the officer when she got to 30. (not specifying to count 30 "seconds") The officer said that was 17 seconds....he proceeded to arrest her for driving under the influence of drugs for failure to pass the motor skills and "30 count". My girlfriend demanded a breathalyzer, a urine test and a blood test. The officer stated she will receive one at the barracks. Upon returning to the barracks, there was no one there to adminster it. In time, I arrived at the barracks and also inquired why they could not take her to the hospital for a drug test if there was no one there. They said its not their policy. I asked the officer for the number to nearest hospital and I called to inquire if we could have one taken ourselves. The answer was no. What a mess! Can an individual be prosecuted for prescribed medications? Must she be forced to conduct sobriety tests for motor skills when she stated no I have cerebral Palsy? Shouldnt all means necessary to provide a DRE be given when demanded by the person to have one!!! it will cost a lot of money to avoid jail time. Her reputation sullied forever as a "narcotics user" because of the internet.
While driving my car, my girlfriend returning from a visit to Maine was pulled over, allegedly, for speeding. The officer claimed he smelled an odor of alcohol and asked if she had been drinking at which time she answered no I never drink. While fumbling around to try to find my registration and her own licence, she answered numerous questions posed by the officer (in great detail because of her personality and anxiety with being stopped). While looking through her purse for her license, she handed him an empty bottle of prescribed medication that had her name on it to prove she was who she said she was until she found her license. The officer asked what medication you are on and she replied "blood pressure medicine". While continuing to look for her license he noticed 2 other prescribed medications in her pocket book and then asked why she didn't tell him about those? She replied, you asked me what I was on. She stated I also take medication for cold sores and ADD. The officer demanded she step out of the car and conduct specific field sobriety tests. My girlfriend immediately stated she cannot complete any motor skills as she was born with cerebral palsy. Despite these statements, the officer demanded she complete the tests at which time she failed miserably because of her Cerebral Palsy. He proceeded to conduct an eye test with a pen and He then told her to close her eyes and tell me when you count to 30. My girlfriend alleges she counted in her head slowly and advised the officer when she got to 30. (not specifying to count 30 "seconds") The officer said that was 17 seconds....he proceeded to arrest her for driving under the influence of drugs for failure to pass the motor skills and "30 count". My girlfriend demanded a breathalyzer, a urine test and a blood test. The officer stated she will receive one at the barracks. Upon returning to the barracks, there was no one there to adminster it. In time, I arrived at the barracks and also inquired why they could not take her to the hospital for a drug test if there was no one there. They said its not their policy. I asked the officer for the number to nearest hospital and I called to inquire if we could have one taken ourselves. The answer was no. What a mess! Can an individual be prosecuted for prescribed medications? Must she be forced to conduct sobriety tests for motor skills when she stated no I have cerebral Palsy? Shouldnt all means necessary to provide a DRE be given when demanded by the person to have one!!! it will cost a lot of money to avoid jail time. Her reputation sullied forever as a "narcotics user" because of the internet.
Drug Possession: Operating Under Influence of Drugs
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