Can I fight this charge?
Question Details: I recently received a DUI in Southern California for being under the influence of marijuana, this is what happened. I hit a DUI checkpoint and they found my half ounce and pipe. They immediately took me to the side for Field Sobriety Testing. I am not sure if I passed this test or not but either way they arrested me and took me to jail to get my blood test done. I smoked 2-3 bowls about 2 hours b4 they blood tested me. When asked at the end of the Sobriety Field Test, I told the officer it had been 4 hours since I last smoked about .3 or .4 grams. Is there any way I can fight this charge and get it dropped?
DUI / DWI Law Answers
Although I do not practice law in the State of California, here are my initial impressions. First, without a thorough review of the police report, it is impossible to determine all of the potential defenses to these charges. However, there may be several ways to attack the charges. For example, police are required to publicize when they are going to conduct a checkpoint, and their failure to properly advertise the checkpoint can potentially provide a basis to defend a subsequent charge. I suggest you hire an attorney to discuss this matter in greater detail and develop a defense strategy. Good luck.
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