I was arrested Sunday morning for a DWI and a parphanelia ticket, When pulled over, the officer did the eye test - passed, then i couldnt walk in a straight line.....he asked me if i had been drinking and I told him that i had taken my medication (I have a prescription)-xanax, and i took 3 shots waaaay earlier......I came up zero on the breathanalyzer, they took a blood test with my consent, i have marijuana and xanax in my system.......I have a prescription for the xanax and they cannot tell if i was high at the time on marijuana. Upon being arrested, i was seated in the front seat and the officer was almost hit by a drunk guy, he jumped in his car a pursued the other man with me in the front seat, I am 17 and minor, is this illegal?.....Also on the two tickets, the receipt for the paraphanelia had a court date and all my info except, he put the car and LP number of the other guy on both tickets. The DWI does not have a court date. If marijuana and xanax comes up on the test what happens, can I get it dropped because the officer made too many errors?? Thank you for your time.
1 Answer from Attorneys
How do you know you passed the eye test? Many people think they "passed," when, in fact, the officer notes a number of "clues."
They may still pursue the DWI under the logic of intoxication from the xanax and the dope. Just because you have a script for xanax does not mean it is legal to drive if you have an intoxicating amount in your system. That will likely depend on the results of the blood test and how an expert will interpret them.
Is it illegal to pursue someone with a prisoner on board? Not that I am aware of, but it might be against department policy.
You ask if the DWI will get dropped due to police errors. You have not listed much in the way of police errors. There may be errors. You need to hire a lawyer who can review the evidence and determine if there were errors made in how the filed sobriety tests were conducted. Your lawyer will also need to look into whether the officer was a "drug recognition expert." If not, he may not be able to testify to any signs of intoxication due to the introduction of drugs into the body.
They probably won't dismiss the DWI unless your lawyer can convince them to do so. Go hire yourself a good lawyer, you will need it.
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