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Old 02-13-2013, 07:33 PM
 
Location: CO
182 posts, read 702,125 times
Reputation: 162

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Is it legal/illegal to drive under the influence of narcotics in Texas if you have a prescription? What about civil liability issues . . . if you are involved in an accident, can you be sued even if you are not arrested? Case in point involves my 83 year old mother-in-law who takes pain medication for chronic back pain.
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Old 02-13-2013, 07:59 PM
 
1,211 posts, read 3,558,741 times
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Oh hell yes. Anybody over 80 should be required to be all jacked up on painkillers before aimlessly driving around on Houston freeways.....

And, of course, you can be sued for causing personal injury or property damage. Being arrested is not a prerequisite to be sued for being negligent, careless or exercising poor judgement.

Is this a real question?

Last edited by RCH99; 02-13-2013 at 08:16 PM..
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Old 02-14-2013, 05:17 AM
 
24,005 posts, read 15,096,054 times
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I am old, but not on painkillers. Every time one of my kids is here, at my request they go with me to monitor my driving. The day they say time's up, a grandson gets my car.

Your m-i-l should follow the same course.
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Old 02-14-2013, 05:42 AM
 
Location: Tricity, PL
61,745 posts, read 87,194,708 times
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Texas makes it illegal for chemically dependent persons who are a danger to themselves or others, or those who are
addicted to a controlled substance or other drug, to drive (Transportation Code Sections 521.021 and 521.312), effectively providing zero tolerance for addicts.
http://druggeddriving.org/pdfs/Walsh...ysis811236.pdf page 100

The Texas legislature has specifically defined the term "intoxication" in regards to DWI prosecutions.

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
A driver under the influence of any intoxicating substance – legal or illegal – can be convicted of DUI / DWI. It doesn't matter if the ingested substance was a prescribed drug; any substance, legal or illegal, that deprives a driver of the normal use of mental or physical faculties can lead to a conviction for driving under the influence in Texas.

^^^ This + the advanced age is a very dangerous combination.
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Old 02-14-2013, 07:27 AM
 
1,561 posts, read 2,372,689 times
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May I add that being sleepy and driving is also illegal. Case in point- people who are driving home after a night shift at work.
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Old 02-14-2013, 07:28 AM
 
Location: Tricity, PL
61,745 posts, read 87,194,708 times
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OP didn't asked about that...
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Old 02-14-2013, 07:48 AM
 
1,561 posts, read 2,372,689 times
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My point was you don't have to be on painkillers in order to be impaired
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Old 02-14-2013, 08:37 AM
 
Location: Tricity, PL
61,745 posts, read 87,194,708 times
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True, but drugs and alcohol is regulated. Driving while falling asleep is a poor judgement.
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Old 02-14-2013, 09:02 AM
 
Location: CO
182 posts, read 702,125 times
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Elnina, thanks for posting that code, I know the shoulds and shouldnts, but convincing my MIL is another story. Especially when other family members, none of whom live in town/state and who all drive loaded on pain meds tell her they don't see what the problem is. Crone, I wish she could see it the way you do. You're understanding will make it easier for your children when the time comes . . . it is not easy to have to tell a parent they can't drive anymore. ANd, RCH, bite me. Next time you don't like something I post, just move along. I don't come here to be insulted.
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Old 02-14-2013, 02:11 PM
 
24,005 posts, read 15,096,054 times
Reputation: 12963
Katy_kate, just make an excuse to ride with her. Let her drive to where ever you need to go. Just don't take your children. One friend just disabled her dad's car.

My mom did not like driving and was happy for my kids to take her places. The kids enjoyed some time with granny. Sounds like you are not there, yet.
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