Abbeville, LA asked in Criminal Law and DUI / DWI for Louisiana

Q: prescription containers, prescription documentation

Tonight my soon to be wife dropped our two boys off at the baby sitters home. On her drive back she wrecked the truck into a ditch (this truck also just left the shop after getting front end work done.) Not having a way to get to her location I dispatched two friends, as she was bloody when she video called me. I was given updates as the situation unrolled and it was getting ugly due to a heavily biased state trooper. Long story short my legitimate prescribed medication was inside of my legally owned truck, as I often keep medication, ALONG with PRESCRIPTION DOCUMENTATION in the event I needed to prove that information. Despite having ample documentation, and despite a clean alcohol test. She was charged with a DUI, Possession of klonopin and adderall (my two valid prescriptions.) My question is how does one safely or legally carry their medications without lugging around the initial prescribed container. What if any other container would be sufficient for carry

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1 Lawyer Answer
David L McBride
David L McBride
  • Criminal Law Lawyer
  • Gretna, LA
  • Licensed in Louisiana

A: In general, the way that you stored your prescriptions in the vehicle (with the prescription and documentation)) is the best way to ensure that you don't face criminal issues associated with them. Unfortunately, this doesn't always prevent the police from charging individuals with offenses despite their actions to reduce the likelihood of being charged. There is a presumption and "affirmative defense," that may possibly be asserted on behalf of the person that legally possess their prescription in their vehicle. Obviously, since your wife was the driver, those defenses likely won't apply to her. I would recommend that she seek legal advice as every situation is very different and requires an in-depth review of the facts and evidence. Lastly, please note that this post is offered for general information purposes only and should not be relied upon as legal advice.

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