I was charged with an OWI r&o and possession of marijuana but I have my medical card. Do you think they will try to challenge the validity of my medi 3 Answers as of May 01, 2011

I was charged with an OWI r&o and possession of marijuana but I have my medical card. Do you think they will try to challenge the validity of my medical card? Or is this ridiculous and I should just file a motion to dismiss the possession because of my medical charge?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for yoru inquiry. There are several grounds for dismissal of a possession of marijuana charge when you have a medical marijuana card. If you followed all of the rules, then this charge would be dismissed without need of a motion, once the facts are presented to the prosecutor. The other charges would not be dismissed. Should you need to hire counsel for these matters, you m ay contact me to arrange an appointment.
Answer Applies to: Michigan
Replied: 5/1/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It's best to consult with an experienced criminal attorney before you try anything like that on your own. If you truly have a valid medical marijuana card and can prove that, then the prosecutor can dismiss the charges or you could do a showcause hearing on the matter. I would suggest retaining an experienced criminal attorney soon.
Answer Applies to: Michigan
Replied: 5/1/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
No it unlikely that they will challenge the validity of the card. However, I strongly recommend hiring an attorney like myself with over 30 years of experience in this area of the law to fight for your rights.
Answer Applies to: Michigan
Replied: 4/29/2011
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