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The Innocent Defendant

Posted by Jenna M. Fliszar, Esq. | Apr 07, 2014 | 0 Comments

This is Part Two of a three-part series examining the rise in prosecutions for DUI of lawfully prescribed medication. In Part One, I explained the law and how it is that someone can take medication as prescribed and still face a possible DUI charge. Now, it's time to look at a specific case I recently handled where I firmly believed my client was innocent.

Last year, a very scared and frustrated young woman came into my office, charged with a first offense DUI of a controlled substance after being pulled over for a faulty front headlight. She'd never been in trouble before and her attorney was pushing her to enter into ARD rather than fight the case. She maintained that she had done nothing wrong, as the only thing found in her system after a blood test was lawfully prescribed antidepressants and migraine medication. Plus, even ARD would cost my client her job and ruin her career. She wanted to fight and prove her innocence rather than admit she drove impaired and enter into ARD, as her attorney kept recommending. Because I'd recently taken on these types of cases as my pet project at my firm, I immediately told her I could help and became her attorney.

I looked at her blood results and saw that all the medications she was on were well within therapeutic range, meaning she was taking them as prescribed and obviously not abusing them. Then I looked at the synopsis from the officer and there was a clear disconnect between what he said he observed and what was in her system. I watched the dash cam video, and it showed my client driving perfectly. It also showed that she didn't do great on the SFSTs, but it looked more like she just wasn't taking them seriously and wasn't really trying. She did tell me that she thought the whole thing was a joke, so the video jived with what she had said. However, according to the officer, she was swerving and weaving and performed extremely poorly on the SFSTs, showing numerous signs of impairment. I told my client she should hire an expert witness who specializes in pharmacology so that we could have testimony explaining that the meds she was on wouldn't produce anything the officer observed. She agreed.

At her first hearing, I asked the judge for a continuance to give us time to hire an expert and provide an expert report. The judge shockingly denied my request, informing me that he didn't care that this was a first listing and that time to obtain an expert report is not a valid reason to grant a continuance. He then forced us to trial a few weeks later.

When we showed up for trial, we had worked out a plea deal with the DA. We didn't have time to get the expert and my client was afraid of what would happen if we went to trial. However, when she tried to enter her plea, the same judge that had denied the continuance rejected the plea deal, again forcing us to trial. After this, the trial was rescheduled and a new DA took on the case. That's when things became disturbing.
The behavior of the DA defied all standards of logic and professionalism. It very quickly turned from a case of seeking justice to a crusade against an innocent young woman. In Part Three, I'll tell you about the months of maltreatment my client was forced to endure at the hands of an over-zealous prosecutor. Stay tuned!

About the Author

Jenna M. Fliszar, Esq.

Bar Admissions Pennsylvania United States District Court for the Middle District of Pennsylvania Additional Training Practitioner, Standardized Field Sobriety Testing Instructor, Standardized Field Sobriety Testing Drug Recognition Expert Training Forensic Chromatography Training Ad...

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