QUESTION
illegal possession of marijuana, DWAI Drugs, failure to keep right, aggrivated unliscenced opperator 3rd, unispected vehicle.
Asked on Jan 02nd, 2013 on Traffic Violations - New York
More details to this question:
was pulled over and ticketed with the above. wasn't high but the officer stated he was a drug specialist and insisted i was was under the influence of THC after roadside field tests, and a breathalyzer. the officer stated he seen marijuana particles and smelled marijuana and that was enough to be able to search my entire vehicle. he searched the entire vehicle including the glove box and trunk. car was impounded even though i requested that someone come pick it up. was put under arrest and taken to the sheriffs station where i was put through more field tests, a urine test, and finger printed. I wasn't read my rights until i was at the sheriffs station in a holding cell. what should i do to decrease or remove the penalties?
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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Hire a lawyer! If you can not afford one, you can be assigned an attorney in court if you qualify for one. Whether or not you were given Miranda rights is important only if you made an inculpatory statement to police. Failure to give Miranda warnings does not automatically get a case dismissed. In my experience, DWI/drug charges are made when the driver admitted to using illegal drugs or if the police found some illegal drugs.
Answered on Jan 03rd, 2013 at 2:11 PM