Unfortunately, my son got caught up with the wrong group of kids over the last summer. It was not until the police officers brought him home that I learned of what he and his new group of friends were up to. I knew at that moment that I was going to need a lawyer to help me help him through the situation. My lawyer was so helpful in many ways. By the time we worked our way through the legal process, my son was able to walk away without any charges that could threaten his future. Visit my site to learn what can be done for a troubled teen to get him or her back on the right track.
Whether or not marijuana is legal in your state, you can be arrested for DUI if a police officer suspects you of driving under the influence of drugs. This is because even legal drugs, including prescription ones, can impair your judgment and endanger the lives of other motorists on the road. Here are a few defensive strategies that can help you if you ever face such a charge:
You Were Not High
Just because you had marijuana in your possession does not mean that you were high. Therefore, you should strive to dissociate the possession of the drug from the accident. This defense is likely to succeed if:
Note that you may still be charged with drug possesses, if marijuana is illegal in your state. However, that would still be better than being charged with both a DUI and drug possession.
The Drug Did Not Impair Your Judgment
If your blood or urine sample was tested and proved positive for THC, then there is no way you can deny using the drug. However, you can claim that it did not affect your judgment. This is possible because there is no agreement on the amount of THC that qualifies one as inebriated with marijuana. You may have some measure of success with this approach if you can provide alternative causes of the accident. It would also be great if you did not appear drunk, even if the drug was in your system.
The Sobriety Tests Weren't Properly Done
If all these fail, then you can resort to the age-old defense of drunk driving – attacking the sobriety field test methodology. These tests, which include things like walking in a straight line of standing on one foot, should be conducted in certain ways to yield reliable results. For example, you may claim that the officer only watched a few steps before deciding that you were inebriated. This is a tricky defense strategy; it is best left to experienced criminal attorneys.
As you can see, the best thing to do if you are accused of DWI is to wait for your attorney to handle the case. There are several approaches that he or she may take, aside from these three. Even if he or she doesn't succeed in getting you freed, he or she may be able to reduce your sentence. For more information and advice, speak with experts like Hogan-Kimrey LLP Attorneys At Law.
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