Re: DUI

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Posted by BK on July 20, 2003 at 14:58:23:

In Reply to: DUI posted by BK on July 18, 2003 at 23:34:03:

I thought of something else that might make a difference in my case. As I outlined in my first e-mail, I had 3 DUI's all within a few months while taking the wrong type of antidepressants. I served two 48 hour jail sentences and while doing the second one in Chester County jail, I was taken to the Delaware County jail as my third case was still pending and something went wrong with the paperwork. There was a warrant for my arrest so they took me into the Delaware County jail and I went through the lice wash and body search and was put into the jail population. Although initially I plead not guilty to this third offense(as there was no alcohol in my blood just a very low amount of marijauna from several weeks prior) , the police said if I changed my plea to guilty they would not make me serve the jail term. I might also add that I was treated very harshly, like a hardened criminal. The jail time was such a horrific experience that I signed a guilty plea to get out of it. I was not guilty of the third as I mentioned in my first e-mail. This was not a good decision since it added 5 more years suspension to my drivers license.

I was on the verge on a horrifying mental breakdown, a frightening psychotic period of my life and I think you would call this last decision "under duress".

I feel so much in despair over all of this and it has been such a hardship without a drivers license that sometimes I wonder if I can go on with my life.

My attorney has not helped me much at all, has wasted a year in getting to a denial for a new hearing. I just don't know where to turn.

If you can help me I would appreciate it.


: I need some help.

: In June of 2002, I was diagnosed with Bipolar Syndrome which is a mood disorder that apparently I have had for many years. It was quite debilitating at this time last year as I had a severe nervous breakdown with a manic psychotic episode and was admitted to the Hospital Psychiatric Unit. It took several months for me to recover.

: Several months prior to my breakdown I encountered problems due to misdiagnosis of my condition and incorrectly prescribed medications. In seeking relief, I found some comfort in self-medicating with alcohol and marijuana for relief of my severe mood swings and this led to 3 DUI convictions in a three month period and a loss of my drivers license for 7 years. The last case, I pleaded guilty to but was not truly guilty (My thinking was clouded by my condition and incorrect medication) I petitioned the court in for post conviction relief but my attempt failed.

: At the time I went before the judge in this last case, I was under the influence of the above mentioned improper prescription drugs for my then undiagnosed bipolar syndrome. I had been severely depressed and was incorrectly prescribed several different antidepressants that affected my abilities to reason by my family doctor. He wrote a letter to support this Also, my psychiatrist who has treated me for the bipolar syndrome since last June, wrote a letter to substantiate that these improper drugs affected my abilities to make sound judgments.

: Unfortunately approximately 4 weeks prior to the last incident I had self-medicated with marijuana to relieve my extreme unbearable mood swings so there was a trace amount in my blood test but, evidence that I was not “driving under the influence” is in the report of a Toxicolgist who offered his expert statement that there was not sufficient trace residual amounts of marijuana in my blood to have effect on my cognitive skills.

: Again, at the time I went before the judge in this case, my thoughts were very clouded by the above mentioned prescribed drugs. I was confused so I was not fully aware of what signing the guilty plea meant. For these reasons that I asked to withdraw my guilty plea. I was not driving under the influence of illegal substances at the time of this incident.

: Luckily I am now on a regular prescribed drug regimen that has been effective in treating my condition and am the healthiest that I have been in the last ten years. I never feel the need to drink or smoke marijuana I have been employed as a mechanical assembler since September of 2003 and am fully self-supported. I recently finished my Bachelors Degree in Mechanical Engineering online. .

: I have been without it now for almost two years and it has a severe negative impact on my opportunities to advance my career and makes it extremely difficult to accomplish even the most simple chores like grocery shopping. It is also a drain on my father as he is driving me back and forth to work each day.

: I am hopeful that someone can help me, give me some advice on avenues that I can take.

: Again, I had a lawyer help me file for the post conviction relief but it was dismissed without granting a hearing.

: any suggestions


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