i was stopped at a licence checkpoin the cop smelled marjuana as i drove up to the roadblock the report says i swered to the right of roadway briefly then came to roadbblock when the officer aproache ask me to step out he asked if i had marjuana i stated i did not i did not answere more from that point the officer claime i had droopy eyes and i seemed disorientated i was then handcuffed and placed in police vehice while my vehicle was searched he came with a bag with o.o1 grams marjuana i was arrested for dui, possesion marjuana and paraphenilla my question is the dui arrest legal if i was clearly not impaired and if so is it grounds for dismissile on the drug charge resulted from the search on dui suspicion
1 Answer from Attorneys
If your attorney can convince the judge that there was absolutely no probable cause for the DUI arrest--which is difficult to do, but I have done it a time or two--then the arrest was illegal and any evidence found after the arrest, such as the marijuana and paraphernalia, was illegally seized and will be suppressed. However, if a cop "claims" he smelled marijuana--whether it is true or not does not matter because no attorney will be able to prove that he did not smell it--that gives him probable cause to search the car.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
