QUESTION
CanI beat a DUI case if nothing was in my system but found cocaine in the car?
Asked on Aug 16th, 2013 on DUI/DWI - Florida
More details to this question:
I did a road test walk the line in stuff officer said I failed the test so he could search my car. He did not blow me but instead got blood and urine. The test came back clean. Is there anyway I could get my case thrown out for illegal search?
6 ANSWERS
If you failed the sobriety test, even if you actually were clean on your blood and alcohol, there may be enough to support reasonable suspicion, which could allow for a valid search of your car.
Answered on Aug 20th, 2013 at 1:17 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
Yes, it is certainly possible to beat a DUI case if there was no alcohol or drugs in your system. I don't actually think that DUI charges would even be filed in your case. Sounds like at a minimum though, they will be charging you with Possession of drugs or a more serious felony charge depending on the amount of cocaine they found in your car. Whether the evidence can be suppressed based on an illegal search or lack of probable cause to pull your car over in the first place...you should speak to a criminal defense attorney in your area in more detail about your case. At that point they can advise you if that is a strong possibility or not.
Answered on Aug 19th, 2013 at 7:59 PM
Yes, you can especially if there is video of the field sobriety tests which you should have passed.
Answered on Aug 19th, 2013 at 7:03 PM
2 Awards
You should not be charged with DUI - if no substance that could impair you was found in your system. However- you most likely would be charged with simple possession, if the search could be thrown out depends on what the officer will testify to, if you gave him consent to search- then no. If you did nit give consent to search, it would depend on what reasons the officer gives for the search.
Answered on Aug 19th, 2013 at 7:02 PM
Geoffrey MacLaren Yaryan
Depends on whether the claim you failed the test is supported by enough to establish probable cause to search. If the cop claims you were driving impaired under the influence of drugs, none were found, then his claim is questionable.
Answered on Aug 19th, 2013 at 6:59 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
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Impossible to say without having discovery materials. In my jurisdiction a defendant without an attorney will lose 99.9% of the time.
Answered on Aug 19th, 2013 at 6:54 PM