I got charged for a dui (marijuana) possesion of paraphanelia and driving without a license The keys were out of the ignition the car was in park and pulled over on a sidewalk does that still count as a dui? They gave me a roadside test and I passed all execept the hgn test there was an officer that passed by while the test was being done and he caught my attention and I turned over to see him We and 2 of my friends were driving in a neighborhood trying to find a spot to smoke and the neighbors called the cops saying we were driving around When the cop pulled us over they said they were right behind us the whole time I had checked my mirrors and I didn't see anyone behind us after we had parked the car the officer came up passed us and tuned around I took the blood test
General Practice Lawyer
Forgive me, but I believe you have answered your own question -- your charges are Driving Under the Influence of a Drug (marijuana), possession of drug paraphernalia and driving with no operator's license. If you are asking what will happen in the County Court, the best place to turn is a criminal defense so the particulars of your case can be discussed. if the charges are righteous, you can expect a plea bargain offer that would have you pleading guilty to some sort of driving offense involving intoxication (either an 8- or 12-pointer). The other charges would likely be dropped in exchange for that guilty plea.
The fact your keys were out of the ignition is interesting and is one you mkust bring to the attention of your defense attorney. The lack of driving is also intriguing, Your case may be very defensible so figure out a way to pull the money together you'll need to mount that defense.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
2 lawyers agree
Criminal Defense Attorney
You have raised a number of issues that make your case easier to defend vs. the "usual" DUI case. But this type of case is not a self help matter. Find a criminal defense lawyer in your area who offers a free consultation, many do. And go see her/him. It will be helpful if you do some of your own legwork up front and go obtain copies of the police reports to take in when you meet with a lawyer. You will be surprised, and maybe disappointed, when you see the "different" story that will be told in the police report. Good luck!
First of all, I would never advise taking a blood test as they are more difficult to beat as they appear to be more accurate as to when you actually consumed the marijuana. However, tehre are experts out there that can combat Cindy Burbach (the State's expert) and argue that someone who consumes marijuana at high levels will have a higher level of marijuana in teh system-especially since it stays in teh system for 30 days. But, tehn it really becomes a matter of a battel between the experts. The reason I mention this is because unless you can ffoprd to retain an expert forensic toxicologist, the only expert will be the State's expert. However, defense attorneys have their ways of cross-examining her.
Now, the best part about your case is teh fact that the keys were not in teh ignitiion which is required to be considered legally driving in Colorado. Did the police report admit that the keys were not in teh ignition? The HGN test is not 100% reliable (only 77%), nor are any other roadside tests which is why I would encourage everyone to refuse the roadsides. The other interesting thing is that a cop car passed while the officer was administering the HGN- one the weak points of this test includes moving light passing by (headlights from cars, etc).
YOU REALLY NEED AN ATTORNEY! You actually have several things in here that you can argue should you decide to go to trial.
Now, regarding your question as to your charges. The answer really depends on your DA. Some DAs may offer you a Baby DUI (Adams county offers this). Weld County used to offer deferred judgments for first time DUI, but I don't know if they do anymore. The most common deal you will be offered will be a DWAI- Driving While Ability Impaired By Alcohol, and if it is your first offense, you'll likely get one year probation. What you will be charged with is Driving Under the Inflouene of Drugs - DUID, carries a one-year sentence.
I'd research the DUI attorneys in your area and speak with them. DUIs are tough cases to win, generally. Your case actually has some arguable points so I'd advise you to talk to a lawyer. Also, if you are still a juvenile, then you might not be entitled to a jury trial- depends if you are charged as a juvenile or adult. If charged as an adult, better because you get a jury trial. If juvenile, you are not entitled to a jury trial, since it's not a crime of violence,so you would have a court trial which is always tougher to win. Have your parents talk to an attorney who specializes in DUIs.
I am in no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.