State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16

/ Sivinski Law Offices, ltd/
State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16

Fourth District confirms that, for an OVI based on a prescription medication, the State must show a nexus between the prescription and impairment through "(1) the testimony of an expert who is familiar with the potential side effects of the medication" or (2) the testimony of a layperson (such as a friend or family member) who witnesses the effect of the particular drug on the defendant-driver."

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DUI Appeals Reports 12/7/2015

/ Sivinski Law Offices, ltd/
DUI Appeals Reports 12/7/2015

The Fourth District upholds the dismissal of OVI charges against a person who admitted to taking prescription medications, because the State did not "present some evidence of how the particular medication actually affects the defendant or that the particular medication has the potential to impair a person's judgment or reflexes."

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