Can I share my prescription?

Your best friend has knee pain.  It's in the middle of the night and no doctor's office is open except for the emergency room.  You decided to give him your prescription painkillers to help to manage his pain.  Well, you just committed distribution of controlled substance.  In most states, this is a felony.  The law makes no distinction between selling your prescription and giving away a single pill.  If you transfer possession of a controlled substance to another person, then you are guilty of distribution of drugs.

So, never offer to share your prescription pills with anymore.  Never let anyone else carry your prescription with your name on it.

“Can I get a #3 off the (Law) Menu, and make it a NO JAIL time please.”

I had to laugh when one of my clients joking said that to me last week.  I wish it was that simple, like how you can order a fast food meal from Macdonald’s.  But even then, Macdonald’s drive- thru would still manage to screw up my order sometimes.  Well, law is a bit different.  Macdonald employees have complete control over listening carefully to a customer and not put XYZ in an order or vice versa.  I can’t always control the outcome of a case to an extent.  There are many variables, such as facts of my case and defenses available, which judge is presiding over the case, witness availability issue, witness credibility, etc.  That goes the same with prosecution.  They may have a very winnable case at first glance.  But their case may fall apart because of the very same variables.  Now, I do understand that the most basic thing  in customer service satisfaction in the law business is returning phone calls.  That  is something within my control.  To that end, I will always provide 100% customer satisfaction and keep my clients apprised of the progress (or the lack of). 

DWC: Driving While Chinese

"Sir, I need your papers, log book, registration, and everything.  EVERYTHING SIR!!," a trooper demanded during a truck safety stop operation near I-95 in Cecil County, Maryland.   The Chinese trucker had all his documents in order and a valid commercial driver's license.  He spoke  with state trooper with a heavy Chinese accent.  He was admittedly nervous.  So, is it true that you can’t operate a commercial vehicle if you can’t speak English?  The answer is: Yes, it’s true.  Under the law, the troopers were forced to make the driver park his truck and take him out of service. 

There is no CDL requirement that a commercial driver be required to speak English. A CDL test may be given in any language. Only a driver's safety knowledge and skills are evaluated, not their comprehension of the English language. However, the Federal Motor Carrier Safety Administration (FMCSA) does have English speaking requirements, which are listed at 49 CFR 391.11(b)(2).

§ 391.11 General qualifications of drivers.

• Must be at least 21 years old

• Must be able to read and speak English so as to read and obey traffic laws

• Must meet all medical requirements

• May only possess one CDL

• May not be disqualified

• Must have successfully completed a road test

But since there’s no machine that a driver can breathe into which spits out a reading of how much English he/she knows, the sole person who judges the driver under the influence of Chinese [or insert your native language here] is the police.  It seems a bit unfair and it is.  To some, that’s just a part of doing business.  Even the Department of Transportation (DOT)’s own pamphlet has a happy Hispanic guy posing in front of a truck, suggesting that this policy has a lot to do with the person’s national origin. So, it wouldn’t be surprising if a Chinese or Hispanic trucker is pulled over on I-95 just because of the way they look.  

The FMCSA pamphlet outlines the kinds of things truckers should be able to say, in English, if they want to keep on driving:  

Don’t be put out of service.  If you have been ticketed for Driving While Chinese (or whatever ethnicity), call our law office.  We may be able to defend your ticket and put you back in business. We know how important it is to keep your CDL record clean.  No one can afford to have points or increased insurance premiums.  We defend moving and non-moving trucking violations.  Call us at (202) 455-5610.   

What to expect in Charles County Distict Court Maryland

You have a right to remain silent, so use it!

It’s Friday night. You had a good time at a dinner party at some friend’s house. You only had one drink all evening, but that was three hours ago. You figured that it’s safe to drive home. Ten minutes on the road, you saw siren flashing behind you. You carefully pulled over onto the shoulder. “License and registration, please SIR!” Obviously, you were nervous as you wondered what you did wrong. You looked at several places and couldn’t find it. The impatient officer asked, “SIR! Did you have anything to drink this evening?” While you are still looking for your license in the dark and off the side of the road, the officer asked you to step out of the vehicle. He proceeded to ask you a few more questions about where you were and what if anything you had consumed.

From the moment the police approaches you, the main objective is typically to try to collect evidence against you so that it can be used later to prosecute you. DO NOT help them to make a case against yourself. What kind of defense you have may depend on how you handle yourself in front of the police and the statements you make. Even if you are completely innocent, just remember: LESS IS MORE!

You can politely give them your name (unless you have an outstanding warrant. But that would be another blog post for another day). Don’t flunk the attitude test. Be respectful but decline to make any statements or consent to a search. You should also decline to take the field sobriety test. Unlike the chemical test such as the breath test, you are not required to participate in the field sobriety test. There are no legal consequences if you refuse to take this test. But if you took the test, you are giving the prosecutor more circumstantial evidence to prove that you were legally drunk.

So, next time if you are stopped at the roadside and don’t know what to do, contact our DUI Roadside Assistance/Hotline for a free consultation. (202) 452-5900.