Drug use 2 days earlier dui arrest
I am in the process of a hopefully not DUI conviction. Story begins at a thurs night bacholar party, I bring home a hottie, she offers cocaine, I do a little, we smoke a joint and move on. Two days later I am pulled over for speeding (80 in 55), Talking on cell phone (illegal I know) No seat belt ( I know I know already) Suspended license (OK so....I go pay the fine) Officer decides to arrest me for Suspension... Asks me if it is ok to move car off the road. I agree. Officer searches car and finds a roach in the ashtray. Officer says that I am now having to go and take sobriety tests. This happens on a Saturday afternoon at 2:30 I haven't done anything (including drinking) in two days. Officer fails me on 3 out of 5 tests. Videos of tests (evidence) disapear or were taped over. the two tests I should have definitely failed I passed with flying colors. What should I expect from a jury trial?
2 Answers from Attorneys
Re: Drug use 2 days earlier dui arrest
What are you charged with? DWI - alcohol or DWI - drugs? If its drugs, was there a blood test? Without a blood test, the DA has no case against you. Either way, if all you were doing is speeding - no signs of irratic driving - it sounds like a weak DWI case.
Re: Drug use 2 days earlier dui arrest
You have a very interesting case with a few possible defenses, however more information must be obtained before I can give you definitive advise. On it's face it seems that there may be a probable cause issue ,since no testing was done at the time of offense. I would like to gather more facts from you to better advise,call my office @718-834-0087 and I will be glad to discuss the matter further.
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