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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
