Hereโs the situation: I was sober, blew a 0.000 because I had zero alcohol that day. I have a medical marijuana card and had about a gram of pot in my trunk. There was zero scent of burnt marijuana in my car, because I donโt smoke while driving. I need marijuana to keep my food down, so I smoked a bowl at 5 PM after dinner. I was pulled over at 930 PM. In the time between I smoked and drove, I walked 1.5 miles with my dog, went to the gym and lifted for 45 minutes legs, and then ran 3 miles. Then, I cleaned the house for an hour prior to picking my friend up. Thatโs when I was pulled over. Why the aggravated? I was driving on a suspended license. I was pulled over due to expired tags. So yes, Iโm an idiot for that. But, in no way, shape or form I was high. Try running 3 miles high. So am I screwed or do I have a chance? I am guilty of driving on a suspended license, and having expired tags. I hadnโt driven since it was revoked. The reason why I drove? A friend needed a ride and had no other options. I wasnโt going to let a petite woman walk miles home at night, because sheโs too broke to get a cab. I know I deserve the punishment for driving on a suspended license and expired tags. I did it. I deserve it. I had it coming. I knowingly violated the law. That I earned. However, I was sober when I got a DUI. I am an educated man with a masterโs. Why would I be dumb enough to be high while I knowingly break two laws? If I were high, I would have tried to arrange a ride for her. Heck, Iโve been arranging rides for me for a year. Are the laws in this state as asinine to convict people because they may possibly be impaired, but have no actual proof of it? The officer actually tested me on time when I was booked. He asked what time I think it is. I was off by 4 minutes after an hour and a half passed. A sign of being high is losing track of time.
If this happened in Missouri, we do not allow medical marijuana. Also, if you are charged with a crime, you have the chance to see the evidence against you, to file pre-trial and post-trial motions and to have a trial. You need an attorney to represent you on this matter.
It can be won at trial. There is a good chance that it can be pled to a non-dui type offense with proper investigation and preparation I wonder if you did a blood test. If they suspected MJ or other drugs, it is likely that they requested a blood test. If so, I assume that you have not gotten the results yet. I have tried these cases with success. I am very familiar with the law and science on MJ in the blood etc.
The fact that you have a medical marijuana card is not a license to smoke and drive. I suspect that a blood test was taken. If so, what do the results state? If you have any marijuana in your system, you could very well be screwed. It would also be interesting to see the police officer's reports and the observed driving. My advice. get an attorney.
I would kindly but strongly recommend you consult with a local-area Criminal Defense Lawyer who is well-versed in the laws concerning OWPCS ("Operating with the Presence of a Controlled Substance"), and the various provisions of the MMMA ("Michigan Medical Marihuana Act"). The recently-decided case of People v. Koon (decided 5/21/2013) may provide you with some excellent defenses. I wish you all the best of luck.
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