My friend was arrested for a DUI last night with marijuana as the influence, can he fight it?
Last night, my friend was arrested for 'driving under the influence of cannabis. He wasn't in possession of it. But his car smelled like it. He passed a field sobriety test, had no alcohol in him and denied that he had been smoking. Still, he was arrested and I had to bail him out. Is it possible fo...
Last night, my friend was arrested for 'driving under the influence of cannabis. He wasn't in possession of it. But his car smelled like it. He passed a field sobriety test, had no alcohol in him and denied that he had been smoking. Still, he was arrested and I had to bail him out. Is it possible for him to fight this in court?
In reply to Ed J,
There was no crime committed. It is not illegal for your car to smell like weed. His friend with him was high, granted, but he wasn't. He was pulled over because his turn signal didn't go on whenever he turned.
In addition, no drug test has yet to be enforced.
You’re either leaving a lot out, or you weren’t told the truth. If there were no signs of impairment, and no admission of use, then he shouldn’t have been arrested for DUI/drugs. You stated that he passed a field sobriety test. Technically, there is no pass or fail. They are observations. It’s possible that the Officer saw something during the testing, and you weren’t told about it.
He can fight that.
If they didn’t do any drug tests, how do they know he had any in his system?
You, or he can fight anything, however fighting it and wining it are two different things. Pay the price and get over it. You do the crime then you must be prepared to pay the price.
You can TRY to fight whatever you want in court.
However, your version of events is either plain wrong or mistaken. Having a car that smells of marijuana is not probable cause for a DUI arrest. So there will other evidence that your buddy hasn’t told you or you’re not telling us…
Did he take a blood or urine test?
By smelling the canabis the police than had the right of reasonable cause. Breathalizer tests can give false readings especially if one has recently washed-out their mouth with an alcohol based mouthwash…hiny. hint.
If a urine test was than administered as it should have and results were positive, than your friend is screwed.
Get a lawyer, not public defender soon.
You’re not including all the details. Was there a blood test? Where there definite signs of drug use and impairment? Was the officer a DRE (Drug Recognition Expert)? What was the traffic infraction? How do you know he passed the FST’s? Marijuana use can be detected in the Field Sobriety Tests and HGN test (eye test) but the officer has to give the proper tests. Pupil dilation or constriction, heart rate, blood pressure, skin temp, etc. can be used to determine drug use and even the type of drug. The eyes will not "cross" while under the influence of marijuana. The most important factor is impairment. What was the traffic infraction? Was it for driving too slow, reckless or was it just for not using a turn signal? The violation along with obvious signs of marijuana use (odor) can be enough for a conviction.
He may. At the time the cops probably thought they had "probable cause". What’s circumstantial doesn’t always hold up in court.
Sure he can fight it… but his penalty will be much worse being convicted of it, rather than just pleading guilty, which he is.
yes he can fight that! thats so dumb that cops did that they arent supposed to do that. they have no proof he was smoking it. "my friend used my car and smoked it in here and gave it back to me like this" they cannot prove he was driving under the influence, there is no brethalizer test or anything. he shouldnt have been bailed out. thats wack. u can get a BIG lawsuit for that.