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I got charged with drugged driving. I told the cop I did psychedelic mushrooms the night before and am still feeling aftereffect

Rogers, NE |

He asked me why my pupils were a little dilated. He didn't perform a formal sobriety test and he didn't give me a breath or blood test. Is this a dead case for the state?

Attorney Answers 6

Posted

The state will have problems with their case, however they are not dead in the water. It will come down to the cops observations of your driving and behavoir along with your admission of still feeling the effects from night before. That may not be enough. Drug cases are tough. I'd suggest hiring a top DUI lawyer with experience on drug cases, it will save you a fortune over time if you can beat the case. Hope that's helpful

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Posted

You'll need to hire an attorney in the state your case is in. Proving under the influence is difficult for the state when it comes to certain drugs, however, your statements do seem damaging.....

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Posted

I'm not sure you mean "dead" as in DOA or as in "dead-bang easy" for the state. You confessed. To taking drugs the night before, and still being under their influence. You need to get a lawyer and you need to shut up.

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Posted

It does not sound like they can prove the charge without additional evidence. You need to hire a Criminal defense attorney to fight for you.

Most lawyers will give you a free consultation if you ask for one. We do this all the time, but remember that our time is valuable and you should stay with the people who help you the most.

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Posted

It is certainly not a dead case for the State, as they do have your admission to work with, but it doesn't sound like they have any blood tests as of yet, or if your DA's office even has the ability/funds for such a test. Hire an attorney that has worked with your county's DA's office in the past, as he may be more knowledgeable about their specific procedures.

Please note that this answer does not in any way constitute legal advice, nor does it constitute the establishment of an attorney-client relationship. You should speak with an attorney to discuss your individual case, as not all facts are known at this time, and there is no way to provide legal advice about potential outcomes without full knowledge of the specific facts of your case.

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Posted

Some officers are trained in drug recognition similar to driving while intoxicated. These cases are often more difficult to make but your admissions may be used against you.

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