What could my son do for a DUI for marijuana? 11 Answers as of June 22, 2015

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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Ty Wilson Law | Ty Wilson
You should reach out to a DUI attorney who practices in the county where the charges are pending. The earlier you speak with a DUI attorney the more prepared you will be. If you can not afford an attorney you should speak with the public defenders office and they will see if you qualify for one provided by the state. Good luck.
Answer Applies to: Georgia
Replied: 6/22/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Yes, he needs an attorney asap.
Answer Applies to: Minnesota
Replied: 6/22/2015
S. Joseph Schramm | Joseph Schramm
He should definitely have an attorney. If the facts are as you say, an attorney might be able to have one or both of the charges dismissed.
Answer Applies to: Pennsylvania
Replied: 6/19/2015
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Yes, by all means, he should have a lawyer to represent him. His first hearing is called an arraignment, at which the charges that have been filed by the DA will be presented to him. He will enter a Not Guilty plea (assuming charges have been filed by that date). A DUI can have significant consequences, and from these facts, your son would appear to have some very viable defenses. There may also be some of which you are not aware. So, it is best if he hires a lawyer to represent him.
Answer Applies to: California
Replied: 6/19/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes, he needs a lawyer badly and appears to have defenses.
Answer Applies to: Michigan
Replied: 6/19/2015
    Connell-Savela | Jason Savela
    A lawyer is needed. There are several issues that should be investigated ASAP. A golf club is not illegal in any way (unless you are swinging it at the cop). The loud muffler might be BS too. If he did a blood test, then the results may help. If he did not do a blood test, then we have a different battle and the below is very important. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 6/19/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Your son needs a lawyer to protect his rights and interests. If the upcoming hearing is his first court date, it is almost certainly not a preliminary examination (which is only used in felonies) but most likely an Initial Appearance, where he gets to plead to the misdemeanor charge, conditions of bond will be set, he will be reminded of his right to a lawyer, and a few other routine matters take place. A lawyer may not be absolutely necessary at this stage, but having one would be a very good idea. Good Luck to you and your son.
    Answer Applies to: Wisconsin
    Replied: 6/19/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    He needs to fight it those cases are very hard to prove.
    Answer Applies to: California
    Replied: 6/19/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Uh, he will not have a preliminary hearing, IF it is a misdemeanor. YES he needs an attorney.
    Answer Applies to: Georgia
    Replied: 6/19/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn't a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won't budge. In this particular case an experienced lawyer will also file a 1538.5 motion to challenge the legality of the stop.
    Answer Applies to: California
    Replied: 6/19/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    He definitely needs a lawyer. A lawyer should move to suppress the blood draw.
    Answer Applies to: Illinois
    Replied: 6/19/2015
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