I got pulled over for my headlights not being on, basically the car smelled like marijuana and I got pulled out of the car, searched and then did field sobriety tests. I was arrested and taken to the station where I repeated the sobriety tests then got taken to get blood drawn. The officer said "I'm not giving you any tickets tonight". So if I didn't get any tickets then, does that mean I got away with it???
Not necessarily. The police may be waiting for the results of the blood test.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
More likely than not, you did, at least for now. The question is whether the blood tests came back negative. If so, then you should not expect to get charged. However, if the blood tests come back positive, then you may get charged. Therefore, you should not admit to anything anywhere to anyone and you should consult with an attorney who handles DWAI-Drugs cases in New York State just to be sure.
The policenmight be waiting for the results of the blood test. It sounds like you may have passed the field sobriety tests, so they may not have been able to charge you yet. Find a good local attorney to advise you about what to do if you get arrested.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not constitute legal advice or establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
Be careful what you type as saying "I got away with it" sounds an awful lot like you are acknowledging being guilty of something. If the police did not have any evidence of intoxication and you did well on the coordination tests, then their next course of action would be blood tests, which take time to get the results. If they were simply letting you "get away with it" there would be no reason to take you to get blood drawn. Hire an attorney to protect your rights and represent you.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 18 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
Depends, on your blood results. By the way, why would one consent to such search without first getting a consultation from his attorney?
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