Legal Question in DUI Law in Virginia

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 ?


Asked on 11/03/02, 3:05 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 11/09/02, 12:37 am


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