QUESTION
Should I fight this case or plead guilty if the blood test came back negative but I wasn’t able to give a urine sample?
Asked on Nov 07th, 2012 on DUI/DWI - Michigan
More details to this question:
I got stop for driving down a one way. The officer smelled marijuana coming from my car and he asked if he could search. He found nothing. He asked me if I was high and I responded yes. I smoked earlier. He placed me under arrest for DWI. I submitted to the test, they took blood and I physically could not pee. The blood came back as nothing was in my system. My public defender said she was expecting them to drop it but they did not. I am 19, attending college and I don’t want this to mess up my future.
8 ANSWERS
Dennis P. Mikko
Your attorney would be in a better position to advise you of what to do. If you plead guilty, it will be on your record. What's the down side to taking it to trial? Really nothing. At best, you will be found not guilty. At worst, you will be found guilty, the same result if your plead guilty, Hold your ground and don't plead. As it gets closer to trial the prosecutor may reevaluate and drop the case.
Answered on Nov 09th, 2012 at 6:07 AM
1 Award
If your test came back negative, go ahead and fight the charge. What have you got to lose? Yes, they have your confession, but the confession doesn't make a lot of sense in light of your drug test.
Answered on Nov 08th, 2012 at 1:41 PM
Gary Moore
A blood test and a urine test are substitutes for one another. Giving either one satisfies the testing requirement. If you tested negative, you should plead not guilty. Call me, if you like.
Answered on Nov 08th, 2012 at 1:41 PM
Bankruptcy Attorney serving Federal Way, WA
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I think you answered your own question when you concluded by saying that you don't want this to mess up your future. If you plead guilty, it will mess up your future. They don't want to offer a deal,, so what other choice do you have but to fight the case. It is going to be tough, but you can do no worse than the alternative (pleading guilty).
Answered on Nov 08th, 2012 at 1:40 PM
Michael J. Breczinski
Go to trial. How can they prove that you were high Thye can't use your statement unless they can prove that a crime was committed by other evidence. This is called the corpus delecti rule ask you attorney about it.
Answered on Nov 08th, 2012 at 1:39 PM
You need to hire a DUI specialist to fight the case to the end. Drug DUIs aren't easy to prove, but if your lawyer is not up to the task (or too busy) the DA won't fold.
Answered on Nov 08th, 2012 at 1:38 PM
John J. Carney
You should never consent to a search of your car or admit to using drugs. It is hard to understand why people do not realize they have a right to remain silent and a right to be free from unreasonable searches. What you do not know can hurt you and you need to realize that "cooperating" with the police is going to result in your getting arrested and the prosecutor having evidence to convict you. If you are worried about getting a criminal record you should not be using a public defender, you should retain a good criminal lawyer to handle the case.
Answered on Nov 08th, 2012 at 1:37 PM
Automobile Attorney serving East Lansing, MI
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In Michigan you would have a strong case.
Answered on Nov 08th, 2012 at 1:37 PM