Hi, Jerry,
Will you please expound upon the vision impairment issue a bit?
When my TN "pain-cycle" flares-up (Think: "FACE TASER") every few weeks, I'm in such a state of shock and misery that I'm not totally sure just which of my senses are impaired or have me crying on my knees for Doctors Smith or Wesson. Are there " law-enforcement protocols" in force that might help protect someone like us?
Rick,
Temporary vision impairment is a very serious issue and thanks for bringing it up. Technically, if you have a medical condition that causes vision impairment you could be held liable for an accident and injury or death to others. It’s like people with seizure disorders having their driving priviledges taken away…if you can’t see, you can’t drive…and you never know when it’s going to happen. And, driving is a priviledge - not a right. It’s something you should discuss with your neurologist. We need to be very responsible!
Would love for doowni and Lisa to weigh in.
FYI…Jerry hasn’t been on LwTN since late October.
Also, there are no laws that “protect” us from our own decisions. Only laws that protect others from the consequences of our decisions. We are expected to be responsible.
Rick Bruce said:
Hi, Jerry,
Will you please expound upon the vision impairment issue a bit?
When my TN “pain-cycle” flares-up (Think: “FACE TASER”) every few weeks, I’m in such a state of shock and misery that I’m not totally sure just which of my senses are impaired or have me crying on my knees for Doctors Smith or Wesson. Are there " law-enforcement protocols" in force that might help protect someone like us?
In NYS there is a seperate charge, DWI by Drugs....Thank you for your post, You were very imformative and put it in a very clear way ....I hope everyone understands that we need our meds and the point is how they affect you. Thanks Again
Thanks to all who addressed this issue...I'm totally "on-board" with our duty to be personally responsible at all times when driving. Due to the much-heightened severity of my current rampage of face-taser jolts, I got to wondering if we had any recourse if we were to cause an accident, or worse. Rick (somehow I think I posted this comment in the wrong place. If so, my apologies.)
Gloria E. said:
Rick,
Temporary vision impairment is a very serious issue and thanks for bringing it up. Technically, if you have a medical condition that causes vision impairment you could be held liable for an accident and injury or death to others. It's like people with seizure disorders having their driving priviledges taken away...if you can't see, you can't drive...and you never know when it's going to happen. And, driving is a priviledge - not a right. It's something you should discuss with your neurologist. We need to be very responsible!
Would love for doowni and Lisa to weigh in.
In my state there is no statute to charge for vision impairment. However, if you hit someone and kill them you can be charged with criminal negligent homicide. If you hurt them, reckless endangerment or assault charges could insue.
And the charges Lisa referred to would involve arrest, booking, bail/bond or no bail/bond depending on the judge’s decision, possible jail time while waiting for trial, if found guilty (which would be an easy win when your medical records have been subpoenaed and presented in court), and finally possible additional jail time and permanent revokation of your drivers license.
Then before, during or after the criminal case is completed a civil suit could be filed by a victim or victims family for monetary damages. The burden of proof is much less in a civil case than in a criminal case. Additionally, most states do not appoint pubic defenders in civil cases - only criminal cases. You could go to jail, lose any financial assets (like your house and car) and remember that most prison systems don’t provide narcotics even if you have a valid diagnosis.
A very bleak future for one single bad decision. We don’t even have the right to drive ourselves to the doctor or hospital if we are impaired or have an attack.
This is an interesting subject Gloria. I'm glad you made it so clear that you could be arrested, even if your meds are in the right containers. I think I probably would have continued to drive even with pain meds if I was strong enough, so I guess having multiple health problems that makes me too weak to drive or go anywhere is a protection to me. I take Mom to the Dr. or E.R. but we usually use a cab. I've only been stopped by a policeman once in my life so I hope that's all I will ever get stopped. Gloria can you ask your "House policeman" lol (or maybe you already know)... I get these papers with my prescriptions that look exactly the same as the label on the bottle, but bigger. I am wondering if I carried those with me, and I got stopped with meds in my purse (not in original bottle), if that piece of paper would help, or if they would be willing to call my pharmacist or Dr. to check on how responsible I am with the meds, and that yes, the prescription is legitimate.
Sheila
Sheila,
Not familiar with the laws in Canada, but doowni and/or Lisa can shed some light about here in the states.
Sheila, in the states it does not matter one iota if those are prescribed and what they say. If it is a pain med like vicodin or oxycodone, you will go down for driving under the influence. Let's be clear about this, they will do field sobriety tests and if you fail, you are arrested. Once you go to the jail, they will do a blood draw. If you are someone that uses them frequently, like I do, you may have a good dose in your system.
With tegretol, gabapenten or other drugs used to treat your condition, have label that cautions you that it may impair your driving ability, again, if the drug is in your system after a blood draw, and you fail field sobriety tests, you will be charged with driving under the influence.
We have cases of people arrested, charged and found guilty of driving under the influence of benedryl.
No officer I know is going to look at your piece of paper or call a pharmiscist. It does not matter that you have a legal right to have them when driving.
Now if you are asking about carrying them out of your bottle --- NEVER EVER DO THIS! Silly thing, but have you ever seen the American TV show Cops? Often they will show people who are carrying Xanax or pain meds in baggies.... if you don' t have the prescription bottle with your name on it with you, it is Illegal Possession of a Controlled Substance. There is no reason why you should not carry your meds with you. If the bottle is to big, ask your pharmacist for a smaller bottle with a label to carry with you in your purse for when you are not home. I have done this before and they have no problems doing this.
Sheila....The law states that Prescription must be in original bottle, but we all know that this is impratical many times. As a PO I personally would not charge you if I reasonably believed that you were in legal possession of the meds. No Police officer will call the pharmacist , that is what a lawyer would get involved in if it came down to you being charged. Remember that the police have to take each incident on a case by case basis. IT depends on the circumstances surrounding the reason why a driver is stopped, what occurs during their interaction with you and of course the personality of the officer involved.
Before my MVD surgery, when I was taking much more meds, I had the pharmasist make me up smaller bottles that I could carry in my bag.
Pegie
Sheila said:
This is an interesting subject Gloria. I'm glad you made it so clear that you could be arrested, even if your meds are in the right containers. I think I probably would have continued to drive even with pain meds if I was strong enough, so I guess having multiple health problems that makes me too weak to drive or go anywhere is a protection to me. I take Mom to the Dr. or E.R. but we usually use a cab. I've only been stopped by a policeman once in my life so I hope that's all I will ever get stopped. Gloria can you ask your "House policeman" lol (or maybe you already know)... I get these papers with my prescriptions that look exactly the same as the label on the bottle, but bigger. I am wondering if I carried those with me, and I got stopped with meds in my purse (not in original bottle), if that piece of paper would help, or if they would be willing to call my pharmacist or Dr. to check on how responsible I am with the meds, and that yes, the prescription is legitimate.
Sheila
I always keep my last bottle when I refill a prescription, so I can use it in my purse. That way I always have a bottle with my name on it. However, from what I am reading, I wonder if it even matters. My fear is not so much that I might get caught, but that I may not be aware of how the drugs affect me. That I might be driving impaired and not even be fully aware. I take Lyrica, and it does make me tired.
The best advice I can give you, Is you are the only person who knows if the meds affect you. You have to be your own worse critic, no one else can make that determination for you.
booklass said:
I always keep my last bottle when I refill a prescription, so I can use it in my purse. That way I always have a bottle with my name on it. However, from what I am reading, I wonder if it even matters. My fear is not so much that I might get caught, but that I may not be aware of how the drugs affect me. That I might be driving impaired and not even be fully aware. I take Lyrica, and it does make me tired.
Yeah, I think that is it. And when I get to that late afternoon dose, they DO affect me, so there will be no driving after that anymore. Or I will have to reduce the amount or something. I am very glad this topic came up and has been revisited.
doowni said:
The best advice I can give you, Is you are the only person who knows if the meds affect you. You have to be your own worse critic, no one else can make that determination for you.
booklass said:I always keep my last bottle when I refill a prescription, so I can use it in my purse. That way I always have a bottle with my name on it. However, from what I am reading, I wonder if it even matters. My fear is not so much that I might get caught, but that I may not be aware of how the drugs affect me. That I might be driving impaired and not even be fully aware. I take Lyrica, and it does make me tired.
Wow, thanks for all the info. Very scary.
I didn't get to read everyone's postings here but I take Zanaflex 8 mg 3 times a day. It makes me loopy and I have fallen asleep while driving a number of times. I have mentioned this to my doctor trying to get a different medication. But to no avail. As of yesterday, he is referring me to a neorologist.
Please be very careful, Bonnie. Your doctor won't be held responsible if you choose to get behind the wheel when you're loopy. Also take into consideration how you would be affected if you had an accident or was arrested for Driving Under the Influence.
I hope you'll take the time to read through this discussion when you can. There are some very good points made by many different members and will give you a lot to consider.
Be SAFE.
Bonnie Cute said:
I didn't get to read everyone's postings here but I take Zanaflex 8 mg 3 times a day. It makes me loopy and I have fallen asleep while driving a number of times. I have mentioned this to my doctor trying to get a different medication. But to no avail. As of yesterday, he is referring me to a neorologist.
I am a 24yr Police veteran and can tell you that here in Texas you can ask for a travel bottle from the pharmacy and most will give it to you. My wife suffers from TN and has to carry both Tegretol and Hydrocodone with her. I was able to get smaller travel bottles for her so she did not have to carry her months supply around with her. Check with your pharmacy to see if they can do that for you. It reduces the risk of something happening to your meds and having to explain it to your doc.
Most opiods will show signs of HGN- Horizontal gaze nystagmus. This is the first part of the field sobriety tests that is given. Don’t be afraid to let them know that your are taking opiod meds, otherwise you could be arrested for DWI. If you are demand a blood test to show that your were taking the meds as described. Your blood levels will show this and a time line from when you were stopped and when the blood is drawn will show that you were taking them as prescribed. This CAN be a defense to prosecution but not always. Show the officer the meds. This can eliminate you being arrested and then having to take a breath test and blowing double goose eggs 0.0
Now if you have been drinking, well that is a different story if you are taking the meds too. You may need to be arrested to get help.
Nystagmus is an involuntary jerking or bouncing of the eyeball that occurs when there is a disturbance of the vestibular (inner ear) system or the oculomotor control of the eye. Horizontal gaze nystagmus (HGN) refers to a lateral or horizontal jerking when the eye gazes to the side. In the impaired driving context, alcohol consumption or consumption of certain other central nervous system depressants, inhalants or phencyclidine, hinders the ability of the brain to correctly control eye muscles, therefore causing the jerk or bounce associated with HGN. As the degree of impairment becomes greater, the jerking or bouncing, i.e. the nystagmus, becomes more pronounced. This is assessed in the horizontal gaze nystagmus test.
I will try and add to this later but must go to get my wife to the doc for her apt and blood work…..
JW
Thank you so much, JW, for your input. Would love more from you, doowni & Lisa (iamrite) in this discussion.
In Texas thee are several traffic laws pertaining to vision impairment.
New applicants and renewal applicants not renewing by mail are required to pass a vision test. Visual standards for passenger car drivers are as follows. For drivers with visual acuity without correction of the better eye of 20/40 or better, a license will be issued with no restrictions. The visual field standard is recognition of the visual field test object within an uninterrupted arc of 140 degrees, with both eyes open during the test. Applicants with corrected visual acuity of the better eye of 20/50 to 20/70 may drive with restrictions (i.e., corrective lenses, daytime only, max speed of45 mi/h). Applicants whose acuity is between 20/50 and 20/70 without corrective lenses are referred to a vision specialist. Applicants whose vision is worse than 20/70 with the best eye or both together, with or without corrective lenses and with no further improvement possible may not be licensed, except in "meritorious circumstances." Applicants requiring the use of telescopic lenses to pass vision tests must successfully complete a comprehensive road test before licensure. The standard for monocular drivers licensed without visual restriction is 20/25 acuity or better in the best eye without corrective lenses. Applicants with vision poorer than 20/25 without correction are referred to an eyecare specialist. Applicants with progressive eye disease must be periodically reevaluated at the discretion of the MAB.
Lisa (iamrite) said:
In my state there is no statute to charge for vision impairment. However, if you hit someone and kill them you can be charged with criminal negligent homicide. If you hurt them, reckless endangerment or assault charges could insue.