Location: GA USA.
I was too sleepy driving to work one morning because I was working two jobs and not sleeping enough. I briefly nodded off and drifted out of my lane. A sherrif deputy happened to be behind me and pulled me over. I just so happened to have a bottle of my prescription antidepressants in the car with me, and that, combined with my autism and my tiredness, led the officer to believe that I was under the influence of drugs (which I was not). When I was arrested, I was taken to the hospital for a blood test before I went to the jail.
I ended up taking my public defender’s advice (which I regret doing to this day) and pled guilty to reckless driving, even though all I was actually guilty of was failure to maintain lane.
Apparently I’m screwed because I pled guilty nothing can be done. But why does it still say “DUI” on my background check when I pled guilty to reckless driving, not DUI? Is that not means for it to be removed from my record, if it’s showing the incorrect offense??
Recently I did an open records request and I got the incident report and a copy of my blood test results from that morning. The deputy stated in the report that he quote “found me to be under the influence of drugs”, but apparently, the only blood test they ran at the hospital was for alcohol. There was only one blood test result for alcohol, which was “negative”. They did not even test my blood for said “drugs”. I clearly remember my public defender telling me that the blood test showed my prescription drugs in my system, but apparently that blood test never existed. Very strange.
I still feel like SOMETHING should be able to be done about this, because it’s ruining my life and I didn’t even deserve it.
The only thing I did wrong is I was too tired and I should have just stayed home that morning. I do regret that every day.
Comments
Check with the court and tell them the record is incorrect. This may be a clerical error.If that doesn’t work, talk with a real lawyer. Also, see if you can have the record expunged. It’s been 8 years, and if you haven’t had any other convictions, that might be possible.
I believe in Georgia if it’s your first offense and a misdemeanor you can move to have it sealed or stricken from public record. Someone would need to petition the courts or only law enforcement can access the records