Dui Without Marijuana Possesssion?
Question by : Dui without marijuana possesssion?
Ok, so my best friend got pulled over because he did a “California” stop .. but he did slow down and stop for a second around 12am going 30miles an hour where NO ONE was around but the cop.. then the guy pulled him over, and got him out of the car to do some tests.. he did about 3 tests on him before he arrested him for DUI of Marijuana, WITHOUT possession.. his charges was just a muffler, and that damn yield. We’re in the process of finding an attorney, but before we do I wanted to know if the charges will go through?? I don’t care about the yield and muffler, but DUI WITHOUT possession? I never even HEARD of that.. I was wondering if anyone else had this experience..
Thanks..
Oh yeah, I forgot to mention he does have a medical license, it’s being processed but it takes 30 days, but he has the doctor’s refferal.. does that count?
Oh, and he smoked 3hrs before he started driving..
Best answer:
Answer by Andrew
Obviously, if you’re high on an illegal substance (so I’m assuming he doesn’t have a medical license…), and you get pulled over, you can get a DUI. Tests can prove that he was influenced by it, whether or not he had any on him doesn’t really matter.
Answer by Festus
Your friend must have failed the test the officer’s test and was judged to be unfit to drive. It I had been the officer I would have had your friend urine or blood tested immediately. Drugs/alcohol do not have to be present for a ruling by an officer that one is unfit to drive after administrating a sobriety test.
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uh…yeah…if you’re high and driving, and they can prove it, then yes, you can be charged with that. You don’t need to be carrying any weed, just need to be pulled over and the cop “smells” some.
Cops are really good at stereotyping people and upping their quotas by making assumptions: the guy that looks like a stoner probably is one, and the only way to prove that you were sober is to take a drug test and come out clean. But if you look like a stoner, the odds of that are pretty slim. So it’s all statistics and probability, and when it comes down to it, it’s your word against the cop’s. Which will the judge believe, especially if the defendant isn’t willing to take (or fails) a drug test?
Basically, unless your friend was actually clean, there’s no way to beat this short of hiring an expensive as hell attorney. And even that’s no guarantee. You’ve just gotta hope that the prosecutor isn’t willing to drag it out because of too many cases already, so then they’ll drop the DUI if your friend agrees to plead guilty to the stop sign and the muffler. But that’s a bit of a long shot, unless your friend can pass that drug test.
DUI stands for Driving Under the Influence, it has nothing to do with drug possession. If he had drugs on him he would have been charged with DUI AND Drug Possession. Also the traffic maneuver he got caught for is called a “rolling stop” and it is illegal.