Question Details: A friend was pulled over for a traffic violation. The cop could tell he had been smoking marijuana, so arrested him and forced a blood test, with a passenger over 18 in the car. The test came back 0.00, but they are charging him with being under the influence, and endangering another person. Can they do this, and what is the likelihood he'll be convicted?
I am a lawyer in CT and practice in this area of the law. Police may charge people with whatever they want. However, the state has to prove the elements of the crimes. While the police officer may come to court to testify about the smell and so forth, there is not physical evidence or drug test that can be used. I do think that the charges will stick here. I suggest hiring a lawyer to represent the friend.

Are you a lawyer?
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