Went through DUI checkpoint took my blood after they knew i have medical card.. no citation given that day but 9 months later received charge for slightest degree and metsbolite?
Of course you should.
See a local DUI attorney immediately.
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Absolutely. They have to prove many things along the way, especially that you were impaired before they drew blood.
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You certainly should get an attorney to fight your case. Since you had a medical marijuana card, you are afforded certain protections - one of them being that the State has to prove that you were indeed impaired by any marijuana in your blood. Seeing that the stop in your case is the result of a DUI checkpoint, there is unlikely to be any reported bad driving to support impairment. I would have to see your police report to review the SFSTs, the alleged statements attributed to you, and to see what your lab readings are.
My office does free case reviews and offers payment plans so that folks can afford a high quality attorney. Our consultation calendar is found online at www.calendly.com/molinalaw or you can call in at 602-718-1249 to schedule an appointment. Best of luck.
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You really should get an attorney. However, keep in mind that you may need to also obtain an expert to refute what the State is saying if it gets to a trial. There are several pre-trial motions that could be filed however before you get to that point.
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There are many facets to a DUI case that could result in Pretrial motions to suppress (prevent the state from using evidence against you) or could result in a dismissal or a plea offer to something you can live with before you ever have to decide if you want to go to trial. if you do decide to go to trial, having the Medical Marijuana Card allows you to have Marijuana in your system while you were driving so long as it was not impairing your ability to drive.
You should talk with an attorney to explore what issues your case may have. Many criminal defense attorneys do not charge for consultations.
Your situation, your circumstances, and the best course of action for you cannot possibly be determined through this exchange. My comments are not intended to be legal advice on how you should act because there is too much information about you and your circumstances that I do not have. I hope to provide you with some additional information to consider but urge that you seek a personal consultation with a qualified attorney before you chose to act. Many criminal defense attorneys (myself included) offer free consultations.
Of course you can fight. However, the reality is that for the state to prove impairment is very easy. Plus, they'll have an expert witness discuss how the smallest amount of nanograms will leave you impaired. Therefore, you 'll need an attorney to fight the cues the officer saw of impairment.
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