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Can I get a DUI other charge thrown out if they can't prove that I was under the influence of a controlled substance?
I went through a roadblock recently and they smelled marijuana and saw that my eyes were blood shot. I hadn't smoked in the vehicle and it had been a few hours since partaking of the drug. But ignorantly I had admitted to smoking 3+ hours before and they found a friend's used pipe and his empty container that had held weed. So I was arrested and charged with possession of paraphernalia and a DUI other. From what I've been able to ascertain - in order for a DUI other charge to stick, the state has to prove I was under the influence and that it affected my driving ability. However, I wasn't given a drug test nor a sobriety test. So do I have a chance of the DUI charge being dropped?
Your admission plus the pipe and the smell is probably enough.
I went to court last week - guilty of DUI I.
Talk to your attorney. They are in the best position to answer your question.
Did the arresting officer have probable cause to initiate a traffic stop which resulted in a DUI 1 arrest?
I was driving correctly in Mendenhall, Mississippi, on July 1, met a patrol car on the street, and he immediately did a U-turn and pulled me over. He stated, "I've had a call about you," which was his reason for stopping me. I had earlier backed into a ditch while turning around, received help from several people getting pulled out, so that must have been the source of his "call." Does that constitute probable cause for his stopping me?
More information is needed to make this determination. The audio is probably what we call the caretaking function as...
How can I gain a copy of the alleged phone call from a citizen to police which led to my being stopped and a DUI 1 charge?
The arresting officer in Mendenhall, Mississippi, stated that a call from a citizen was his reason for stopping me. An anonymous phone call in Mississippi does not constitute probable cause.
File a Freedom of Information Act request with the arresting officer's local office. You might not be able to get the...
I was recently stopped during a road block. The officer gave me a field test in which he said my eyes were shaky and I might be under the influence of marijuana. I was taken into custody, but never was given a drug test. Can I still be convicted even without a test?
Yes, it is possible to convict someone of a DUI without any scientific evidence. The evidence may depend on the...
My step-daughter got a DUI, and my husband thinks that if the officer who gave her the ticket doesn't show up to court that the charges will be dropped. Her blood alcohol content is on record, and she hit a stop sign. She was also charged for having drug paraphernalia. She is 18. In Illinois she received a drinking ticket at age 17.
If the officer is not there at made the initial arrest, then the state will most likely ask for a continuance and...
What do I say to cops to get them to respond to a driver who is driving with suspended license for DUI?
My cousin got his second DUI in five years and went to Court on June 20 and the judge gave him a sentence as if it was his first DUI. That very evening he was pulled over driving drunk and the Jackson County Sheriff allowed him to be driven home by his sister, because the deputy that stopped him got a call from a cousin who is a deputy and called in a favor. His license are suspended, yet he is still driving from work, to his girlfriends and all around town with no recourse. He even still drives while drinking a beer on his way home. Is it against the law if I sit and follow him and call the police? What do I need to say to the police to get them to respond quick enough to catch him driving? He drives from Diberville to OS twice a day!
Why not try and get him help with his alcohol problem rather than contributing to it by getting him arrested? He is...
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