Legal Question in Traffic Law in New York

My friend is a troublesome situation. The state this issue would be in New York. My friend was really tired around 3am and decided to make a right on a red light. Of course, there was a cop lying in wait. Now, my friend has already had two violations for texting and driving. Unfortunately for my friend, he has this "stoner" look on his face combined with a shy attitude (speaks very low). The officer asked him if he smoked marijuana. My friend being terribly honest told him that he DOES infact smoke marijuana sometimes recreationally. He wasn't high at the time nor did he have possession. The police searched his car and found nothing. He was then arrested and booked. He's going to a hearing soon what can we expect? I'm hoping he can shoot for an ACD because the traffic violation and his smoking are uncorrelated. He has a clean record besides his traffic violations. How can the cops force my friend to a test when he wasn't even high at the time? Here in NYC, a good chance anyone you pull over smokes weed occasionally... please help he's a good person and woudn't harm a fly.


Asked on 7/15/13, 10:44 am

1 Answer from Attorneys
Ernest DuBose DuBose Law

The best thing to do is find a good attorney and take it to trial. Marijuana is a complicated drug because you can still smell like it or your car can smell like it and still not be high at all. It is easy to cross examine a cop on the stand. The traffic issue should resolve itself. The drug issue maybe a little more complicated.

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Answered on 7/18/13, 5:58 pm


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