I'm 22 and drove my room mates car since he and my friend had been drinking while i had not. I had smoked a small amount of marijuana aprox. 4 1/2 hours prior and no longer felt any effects. i am an infrequent driver and this was the first time driving for me in a few months. Got pulled over for failing to use my turn signal getting onto the freeway. Subsequently arrested for failing field sobriety tests. The reasons given was nystgamus. Bagged and tagged, subsequently blew 0.00 on the breathalyzer, they took a urine sample, and though I maintained that I was not intoxicated at the time of arrest, I admitted to the above mentioned marijuana usage. Is diversion the only reasonable option for me at this point? Also, this occurred on the 14th on Feb, court is set for the 20th of march, do I have to file my petition for diversion prior to that?
you do not have to go to diversion, although it is a government guaranteed way of getting your case dismissed in a year. Should you reject diversion and opt for trial, the state would. End to prove that you were impaired by marijuana at the time of driving. The presence of marijuana metabolites in your urine shows that you had consumed MJ at some time in the past, but it does not show the impact it had on you. Talk to an attorney to review all the facts and circumstances of your case, including the police reports, to decide which is the best option for you.
The answer given here is for educational purposes only so those who need a lawyer can have a more successful initial meeting with a lawyer of their choice. The statements are not legal advice and the intention of this writing is that no attorney-client relationship is formed by those reading these answers. Also be sure to get a second opinion to the answers given here if you choose to do so.
I would not do anything without consulting an attorney. You are too young to take chances with your driving privileges and a criminal charge. Most will give you a free consult. Do not handle this on your own.
You need to meet with and hire an attorney immediately, and discuss your options with them. You should not post facts about your case online, because anyone can see them.
To answer your question: no, you don't HAVE to enter diversion. BUT you need to sit down with an attorney and weigh all your options, including the pros & cons of diversion.
Nothing discussed should be taken as legal advice. Posting details of your case on an open forum could be used against you, so use extreme caution. The best way to get legal advice is to consult privately with an attorney.
You don't have to enter DUII Diversion. Driving studies show marijuana impairment last 2 hours, sometimes 3 hours in a minority of people. Cognitive studies show impairment at 3-5 hours, however -- but that has never been duplicated in any driving study as of December, 2016 (I haven't had a marijuana trial since then, so haven't re-checked). In other words, every driving study has shown zero observable driving impairment for all participants after 3 hours. That's a whole mess of science and studies that a good DUII lawyer will be conversant with, from frequently preparing for and cross-examining government forensic scientists. It dovetails, however, with common sense. Odds are some people on your jury know that people aren't impaired by weed more than 2 hours after smoking it. On the other hand, there are probably many more variables about your case that should be addressed in private, in a lawyer's office. Trial with a private bar attorney will be expensive, but can be worth it. If you don't have dough for that, you're left with trial with a public defender (who may be very good on these types of cases, or may not, depending on their background and the type of cases they prefer fighting), or -- clearly, the "safe" choice, if you're able to abstain from weed/booze/drugs for a year -- DUII Diversion. That's a big if, and it depends in large part on you: your life, self-examination, and your comfort with risk. Get into a lawyer's office, and don't share any more information on this public forum. Cops and prosecutors have computers too.
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