Legal Question in Criminal Law in California

I was recently given a citation for 11550.The officer said he thought i was under the influence but then let me drive my vehicle,wouldnt that be cause for dissmissel of charge,and if not,what rights do i have when case goes to jury trial.


Asked on 3/28/11, 4:36 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Health and Safety Code 11550 covers both under the influence and use of a controlled substance, so they technically may go forward with the charge, even if they're not going with an "under the influence" theory. In practicality, I have rarely seen them proceed on the "use" theory. Definitely something for your skilled defense attorney to use to your advantage. Discuss it with them.

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Answered on 3/28/11, 5:42 am


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