Practice Area:DUI / DWI
Outcome:Not Guilty DUI, Marijuana Charge Dismissed
Description:Defendant was stopped for crossing the gore in College Park. When the officers approached the car, there was a lot of marijuana smoke coming from inside the vehicle. The officers arrested both my client and the passenger once the observed marijuana on the floorboard. Defendant was also read the implied consent and agreed to a breath test. Defendant was taken to the station and blew a .115. Defendant was a commerical truck driver and also had a prior marijuana charge. The officer would not agree to reduce the case to a reckless driving and it was bound over for trial. At trial, there was no evidence that the substance found in the car was tested and came back as marijuana, thus the pot charge was dismissed. Further, the Defendant was found not guilty of the DUI since the Judge excluded the breath test during the trial and there was no evidence of Defendant being too impaired to drive.