From the release:
This was a case of an involuntary overdose of Ambien CR due to prescription error.
It had nothing to do with any other substance or medication, whatsoever …
“I have entered a no-contest plea today and sincerely regret the auto accident I was involved in on May 27, 2014. Thankfully no one was injured. It is important for the public to know this accident was the result of an involuntary overdose and adverse drug reaction I had to Zolpidem Tartrate ER (extended release), the generic form of Ambien CR. This involuntary overdose was caused because my doctor mistakenly prescribed me twice the amount of Ambien CR recommended by the FDA” said Lynn Rosenthal …
As published in police reports, there was an allegation that Rosenthal unlawfully refused to submit to sobriety testing.
Let the record be clear – this allegation is false.
When asked to submit to field sobriety exercises and breath testing, Rosenthal agreed and performed as instructed. However, when the arresting officer unlawfully requested that she provide both a urine and blood sample, Rosenthal lawfully refused the blood draw.
Pursuant to Fl. Stat. §316.1933, a blood draw may only be performed in cases that involve death or serious bodily injury. Since this case did not involve either instance, the officer’s request for a blood test was illegal and Rosenthal properly refused it. Moreover, it was unlawful for the officer to bundle the urine and blood test together. At a minimum, he should have permitted her to take the urine test by itself.
On July 2, 2014, Rosenthal successfully challenged the officer’s request at a formal review hearing conducted by the Florida Dept. of Highway Safety and Motor Vehicles. As a result, the driver’s license suspension that normally follows a refusal to submit to testing was invalidated …
Until now, Rosenthal remained silent about her case because she wanted it to be decided on its merits. Now that the case is resolved, she has chosen to speak publically about her experience to warn others about the real dangers of Ambien and its side effects, particularly for female patients and those who take its extended release formulation.
Rosenthal has also chosen to put an end to this case in an effort to reinforce the public’s belief in our system of justice and to mend any questions about its integrity. As a public servant, Rosenthal knows she must live by a more stringent standard than the one imposed on the people she serves. As such, she has chosen to take responsibility for what happened on May 27, 2014 so that the judiciary and the public can put this matter to rest once and for all.
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