Q: Drove after taking newly prescribed drug, met wit accident hurting other vehicle driver. Doc did not tell not to drive.
This happened in NJ. The doctor had newly prescribed a drug. It had an adverse effect while driving - impairing judgment. Can't recall how crash happened. Haven't had any serious traffic tickets in the recent past (several years).
In the complaint: Charged with driving recklessly under the influence of an intoxicant & causing bodily injury. Also, in the Complaint sheet the checkbox for "Related Traffic Tickets or Other Complaints" is checked.
* What kind of lawyer (practice area) will handle case?
* Can the charges be dismissed?
A:
Questions:
Type of Lawyer needed? You need a criminal defense lawyer immediately.
Can the charges be dismissed? Yes if you have a defense but you have not presented one as your doctor is not required to tell you all the side effects of a medication. Your pharmacists' is required to give you documentation in this regards. If it is listed use caution with operating machinery or other warnings, you have been legally warned under our law not to drive. That being said you may have other defenses to the charge and you need to immediately hire a good criminal lawyer as these defenses diminish over time because evidence (including any possible video evidence) is either lost or destroyed sometimes in as little as a few days.
James A. Abate and Paul Ferrell Jr agree with this answer
A: You need to retain a criminal defense lawyer that specializes in DWI defense. The DWI charge indicates major problems. The causing bodily injury indicates a criminal matter.
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