More details to this question:
I got a DUI with a BAC of .1 but within this past year I had also been charged with marijuana possession. Will these add up to a greater charge for my DUI or will I just have to face the first offense DUI charge?
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I cannot understand your question. Is there a second driving charge based on drugs? Engage an attorney now with the details on both charges
Answered on May 27th, 2015 at 12:10 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Please clarify. Are you charged with possession of marajuana at the time of your DUI arrest, or was there a previous citation or arrest for possession of marajuana. Also, how much marajuana are we talking about? Once I have the answer to those and a couple other questions, I could advise you a bit more on what to expect with the current case, and if there is any probation violation issue to consider.
Answered on May 27th, 2015 at 12:07 AM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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Sounds like they were separate arrests and most likely will not affect one another.
Answered on May 26th, 2015 at 7:40 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The OWI (=DUI) stands on its own, and should not be directly affected by the possession charge. On the other hand, having the possession conviction could make a prosecutor less willing to be lenient on a plea bargain. Having a lawyer to advise and represent you in these matters is always a good idea. I don't want to be a prig, but let me urge you to give serious thought to why you behaved so as to have these two charges on you, and whether you might want to re-think some choices you have been making. There's nothing much wrong with drinking, or perhaps even using m/j moderately, but don't drive a car when you might possibly be under the influence. Besides, there's always sex and rock and roll, so you can find entertainment in other activities. Good Luck.
Answered on May 26th, 2015 at 7:36 PM
No, but both will need to be dealt with separately. You should hire a lawyer and get the MJ charged dismissed. It's a relatively minor charge, but by yourself you will be duped into a guilty plea and have a criminal record. As for the DUI, the advice is the same. You should hire a DUI lawyer and explore alternatives to a guilty plea.
Answered on May 26th, 2015 at 7:30 PM
No, the Prosecutor can not enhance your DUI sentence because of a marijuana conviction.
Answered on May 26th, 2015 at 7:30 PM
James Edward Smith
First offense DUI and possession first offense.
Answered on May 26th, 2015 at 7:25 PM