Charged with driving under the influnce of drugs
Can I legaly be charged and convicted of driving under the influnce (of my own doctor prescribed and taken properly for three years with no abuse) medication ?Also can I be charged with posession of marijuana with not having it on me or any showing in my system from the evivdence of the blood test that i was made to take ?
1 Answer from Attorneys
Re: Charged with driving under the influnce of drugs
The answer to you first question is no, most likely not, if you mount a competent defense.
Yes, it is possible for you to be charged(and convicted)of a drug possession charge, if the prosecutor can convince the trier of fact in the case that you had what's known as constructive possession of the prohibited substance, i.e., you were near enough to its physical location to exercise command and control over it, as a practical matter.
Based upon what you've stated so far, I would strongly urge you to retain competent criminal defense counsel to represent you or to ask that
the court appoint such counsel to represent you if you cannot afford to hire such.