OWI marijuana
Son in accident April 2006 other guy got ticket for failure to yield. 1 person hurt, treated and released. Son did breath test 0.01, FST, State Tooper said did fine, County Officer said his eyes looked funny, and was hounding him about drugs. Son finally admitted he smoked pot at around 11:00 am ( accidnt at 6:00PM. 9:00 PM did blood test. Alcohol test came back negative. Drug test back in August Delta 9 THC 1.00 metabolite 46. Has not been charged yet but DA said she was going to charge him with OWI only not with injury,becasue injury cleary fault of other driver. What do we do? Wait and see? find an attorney now? The Attorney we had has no idea about Marijuana only has never had this type of case. P.S. My son got a ticket 2 weeks after accident for failure to wear seat belt State Trooper brought that out. She told us that there was nothing he could do about accident because other driver pulled out in front of him. My son did hit his head and craked the windshield of his car but of course since he is 23 no one was to interested in how he felt or if he was ok.
What do we do?
1 Answer from Attorneys
Re: OWI marijuana
You should hire a lawyer now. There are many challenges to an OWI case. In the case you describe, if the officer was not a certaified DRE (Drug Recognition Expert), there may not have been sufficient probable cause to request a blood test.