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DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC)
On this page you may discuss your Wisconsin or Minnesota criminal case with others or ask a legal question. Please remember to identify the state of the violation in your question and the charging statute number if known. For a consultation call or for emergency assistance call 612.240.8005.
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Subject DWI for Marijuana
Date Mon Oct 11 2010 15:14
Author Maury D. Beaulier
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First, until he has been charged with some kind of an offense, there is little that you can do. Blood tests often take three months or more until analysis is complete. Second, it is unlawful to operate a motor vehicle with any controlled substance in your system under Minn. Stat §169A.20, subd. 1(2). As a result, a positive test for THC will likely result in a DWI charge. It is not, however, a siple case and impairment would be difficult to prove if the stop was based on a a seat belt violation. Third, a more likely charge may be Possession of Marijuana in a Motor Vehicle under Minnesota Statutes §152.027, subd. 3. This is a misdemeanor crime which may be charged for more than 1.4 grams of marijuana in a vehicle, unless in the trunk of the motor vehicle or similar area of a vehicle not equipped with a trunk. Third, the defenses to a DWI will depend on the facts of the case. To determine the best defense requires a full review of all police reports, audio recordings and video recordings. Often, those recording will turn up discrepancies with the officer's report. Certainly, a possible challenge is to the officer's reasonable suspicion for stopping the vehicle. If the case boils down to the officer's word agains the vehicle occupants, the Judge must determine which party is more credible. Any search must be supported by probable cause. Again, this is something that would require a review of the police reports and whether the officer was properly trained as Drug Recognition Expert (DRE). For a consultation call 612.240.8005 |
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