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Only traces of THC were found in my blood. I used at least 12hrs prior to stop and I do have a medical marijuana card. I hired an attorney and paid $2000. I didnt realize it would cost more to go to trial and now I must go with the public defender to fight in trial. Can I request a blood split through the P.D. office and will they pay for it? Officer looked at my eyes and made me count with eyes closed while sitting in the back of a patrol car. I was NOT impaired at all and they did no test to determine my ability to safely operate a motor vehicle. No balance test or motor skill tests.....I conducted the eye test and counting test very well and he even stated that. I was on probation for an unrelated offense so I was arrested for the alcohol as I was not to be using it.I did NOT smell like marijuana and no marijuana was found in my vehicle nor alcohol. They had absolutely no inclination of the marijuana and it was only till the test came back that the THC was addressed. Dont they have to prove I was impaired to a degree that I wan unable to operate a motor vehicle and not just that it was in my system? I read they are working on a law that would make it a DUI with any trace of THC in your system but it is not currently a law in active status. They are trying to prosecute me as if this law were already in effect as nothing I did before or during the stop showed that I was impaired to a degree to be unable to drive a motor vehicle safely or perform any field sobriety test. Which were never performed unless you count the backseat counting. The eye test was simply the one that detect alcohol by the jerking of eyes at the out edge when following an object. As mentioned test was negative for alcohol.
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