He hit a fence while under the influence of marijuana and left the scene. Police caught up to him later, he was not arrested but did receive a court date in the mail and it said 2 counts leave scene of property damage.
Federal Crime Lawyer
It looks like what happens is you are charged with leaving scene of property damage. The police may have had no evidence that he was under influence of marijuana so charged the property damage instead. He should get an attorney to appear with him on the date of the summons.
The facts as you state them do not support your question. This "he" is not charged with OUI/Drugs, OUI/Liquor or anything else. One can be perfectly sober and still flee from an accident, which is what this "he" apparently did - twice.
Note also that, even if "he" blew a .25 on a breathalyzer and couldn't even stand, if "caught up to him later" means NOT behind the wheel, an OUI charge would fail. "He" could have gotten drunk/stoned/whatever AFTER parking the car and going wherever the police "caught up to him."
"He" will need a criminal attorney. The Bristol County and Mass. bar associations can provide referrals.
If "he" is indigent, the court will appoint one.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
There is nothing in your statement that establishes probable cause for a charge of operating under the influence of anything. Even if the person stank of alcohol or was so into the munchies that he ate the police officer's hat, there is no connection to driving and being under the influence.
However, being charged with leaving the scene of property damage is a jailable offense. This person needs an experienced criminal trial attorney to represent him/her. S/he should definitely NOT talk to the police or the DA's office without counsel present.
I am available for charges like this. If s/he can't afford an attorney they should contact the Mass Bar Association for a referral in your area.
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.