What should my son do if he is a truck driver and received a ticket for driving under the influence of a controlled substance?

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What should my son do if he is a truck driver and received a ticket for driving under the influence of a controlled substance?

He was stopped in Wisconsin because they said he was weaving slightly. The local police took him to the hospital and took drug tests, which they stated came back negative. He had taken Advil PM the night before for a cold and explained this to the officers. He was not arrested but grounded for ten hours. They took him to a local motel, and then searched his truck. He has since received a ticket in the mail for driving under the influence of a controlled substance. How do we get a copy of his tests and what should our next step be?

Asked on November 5, 2013 under Criminal Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Contact the hospital. Your son is the patient so he is entitled to those medical records. He may have to pay a fee to get them but make sure he does it and has it emailed or faxed to him. Then if those tests came back negative, he needs to go and see his primary care physician, explain the situation and see if the doctor can opine on the advil he took the evening before. It doesn't sound like this would have an impact a day later but perhaps the doctor can explain this.


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