I was pulled over for a headlight and the officer stayed she smelled marijuana. They started giving me a field sobriety test I told them I have spinach stenosis in my back and would fail due to my balance issues I passed all the tests except the standing on one foot. They brought me into the station and had me take a urine test, which I told them would be dirty because I had smoked the day before, they let me go after improving my car and did not even give me a ticket for my headlight. Now three months later they are charging me with parrifinillia, driving while under the influence, and possession. Even though I had nothing on me except the residence in the pipe and grinder. Do I have a case or not?
You need an attorney as soon as possible to help defend against these charges. Only someone who is familiar with all the evidence against you can tell you if you have a legitimate defense and your chances of success. Use the “Find a lawyer” option at the top of your screen, and apply for a court-appointed attorney if you cannot afford one.
What’s going to happen? You’re being charged with 3 misdemeanors. You need to hire an experienced criminal defense attorney to minimize the chances that this causes long term problems for you
If the headlight was not working, then the officer has probable cause to stop your vehicle. The observation of the odor of marijuana was made during a lawful stop and gives rise to a reasonable suspicion that you may be operating while under the influence. Were you arrested or merely detained prior to the request for a urine sample? Did you submit to a preliminary breath test beforehand? These are important issues to investigate to determine whether you can have the charges dismissed or have your driving privileges reinstated. You need an attorney who specializes in OWI in Iowa to review the grounds relied on by the officer to invoke implied consent. As far as the paraphernalia is concerned, it was discovered during what appears to be a lawful impound process provided there are written procedures to that effect for the department that made the stop. But there is an argument to me made that residue doesn't amount to possession of marijuana. Again, you need an attorney who specializes in drug defense to review your facts in more detail.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline