What can my son do for a DUI for Marijuana? 2 Answers as of December 18, 2010

My 20 year old son was pulled over by the police a week ago for a "loud muffler." The police officer stated that he smelled "pot" when my son rolled down the window. He asked my son to exit the vehicle and handcuffed him. The car and my son were searched and no drugs were found, BUT a golf club was found in the car. My son was arrested, taken to jail, had his blood drawn and has been charged with possession of a weapon (the golf club) and DUI for marijuana. Son states that he did not know a golf club was a weapon and that he had smoked the previous day but had not smoked or had anything to drink the entire day of the incident. Do you think he needs a lawyer at his first court date? I think this is the preliminary hearing?

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The Connelly Firm P.C.
The Connelly Firm P.C. | Thomas Connelly
Absolutely. The preliminary hearing is an excellent opportunity to obtain testimony from the officer about the nature of the stop, search and arrest to use as the basis for a motion to suppress evidence, i.e. the blood test results and the golf club. It sounds to me like an unconstitutional search and seizure.
Answer Applies to: Pennsylvania
Replied: 12/18/2010
LT Pepper Law
LT Pepper Law | Luke T. Pepper
In a preliminary hearing, the judge determines whether there is probable cause that a crime or crimes occurred. A lawyer can challenge the cop's authority to search the car on traffic stop and the fact that a golf club is a weapon. In addition, a lawyer may be able to negotiate with the district attorney to reduce the charges.
Answer Applies to: Pennsylvania
Replied: 12/15/2010
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