Interviewer: What happens in all these cases typically? Does the prosecutor have a big burden to prove or are they difficult defend for the attorneys?
Brian: A lot of these prescription medication cases do end up going to trial unless there is obvious impairment. Sometimes you can read the police report and see that person was driving over the roadway.
Unless that person is able to explain to a jury, “This is why I was all over the roadway”, it’s common sense for a jury to come to a conclusion that a person would not normally be all over the roadway therefore something must have caused them to be all over the roadway. It very likely had to do with prescription medications.
A lot of these do go to trial and a lot of these are actually successful at trial. I have won quite a few of these because many, many people are on prescription medications. They can literally picture themselves in this position.
Driving down the street, they took something prescribed to them, then all of the sudden they are sitting in the defendant’s seat charged with DUI. It is more likely that a person solely charged with DUI by way of prescription medication would be found not guilty.
Interviewer: Okay, so when you said successful, you mean people are acquitted?
Brian: Yes, correct.
