What can I do for driving while intoxicated on marijuana? 10 Answers as of November 22, 2010

I got pulled over for no tag lights and was taken to jail for a blunt (marijuana)a gram if that and arrested for driving while I could not do the tests. What should I do?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Plea guilty or get an attorney.
Answer Applies to: California
Replied: 11/22/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are arrested and charged with a crime, what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you do not know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I will be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 11/22/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It might be defensible since they do not have a very reliable marijuana blood test. If there is a good reason you did not perform the tests well, then we are off and running. For more info or to retain us call.
Answer Applies to: California
Replied: 11/22/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
You should hire an attorney to fight the case. You may have a good case. I can help you with this. Did they have you complete a urine sample? If so, those can be challenged.
Answer Applies to: California
Replied: 11/20/2010
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Are you still waiting for your first court date? If so, there is always a chance that the case will not be filed by the DAs office. DUI MJ cases are very dependent on the lab results which are easier to dispute in drug cases than alcohol cases.

If you know that the case has been filed, show up at your first court appearance (or hire an attorney to show up for or with you), plead not guilty, and start negotiating the case. You can get the Public Defender if you can't afford an attorney. You need to see the Discovery (police reports and other evidence against you.) You will either settle the case or go to trial.
Answer Applies to: California
Replied: 11/20/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Marijuana DUIs are some of the most defensible DUIs out there, because there is not a specific BAC the prosecutor can rely on to convict you. But you will need a good attorney to help you out. Consider hiring one who specializes in DUI.
    Answer Applies to: California
    Replied: 11/20/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Cases involving a marijuana DUI are very defensible. The is no reliable data establishing a connection between marijuana consumption and impaired driving.
    Answer Applies to: California
    Replied: 11/20/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    You should definitely get a lawyer experienced in DUI/marijuana cases. I have handled many, many cases like yours. Feel free to call me for a free consultation.
    Answer Applies to: California
    Replied: 11/19/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Get a lawyer. you should probably be charged under Vehicle Code 23222 if driving with marijuana in car though they will probably charge a DUI 23152(a) and (b). These are a pain so hopefully a lawyer can get the 23222 disposition. After Jan 1 it will be an infraction (no record) with a $100 fine. If in the Bay Area you can call me and if elsewhere I can recommend good lawyers in whatever city you are charged in You can look me up on the NORML list.
    Answer Applies to: California
    Replied: 11/19/2010
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