i have a friend who was pulled over by th pa police for not using a turn signal, he was tested for dui and failed the sobriety test, he is deaf-he was transported to the hospital and tested for alcohol which there was non but was fimned for having thc in his system now he must go to court is there any way out of this also he was not read writes or shown rights
2007-12-16 05:29:04 · 7 answers · asked by elliepenelly 3 in Politics & Government ➔ Law Enforcement & Police
Good grief - I don't usually advocate for civil rights groups, but this guy has a complaint. He needs to contact the Americans with Disabilities and whatever group aids the deaf, and maybe even the ACLU. He may have had THC in his system, but they would never have found it except he failed the field sobriety test. He only failed it because of his disability. The evidence doesn't even seem admissible to me. Hire a good attorney and try to find an advocate in the area.
2007-12-16 05:42:47 · answer #1 · answered by .. .this can't be good 5 · 3⤊ 0⤋
Rights are not required during a traffic stop, that only applies to custodial interrogation.
As far as having THC in your system, that can be charged as a DUI. Any drug, illicit or prescription, that impairs driving is chargeable.
As far as any consideration he was given for being deaf, I don't know how the officer dealt with that, so I can not comment.
2007-12-16 05:34:35 · answer #2 · answered by trooper3316 7 · 5⤊ 1⤋
He needs an attorney who will prove he was not under the influence of marijuana when he was operating the vehicle.
THC residue can be found in the body even after several months of smoking weed.
If your friend was charged with DUI, he needs an expert witness who can attest to this fact; and then the prosecution has the burden of proof in rebutting it with their witness.
Just having an attorney and an expert witness may dissuade the DA's office from trying the case.
2007-12-16 05:37:16 · answer #3 · answered by MenifeeManiac 7 · 3⤊ 1⤋
A good DUI attorney is the only answer. About $5000 in NorCal, not sure what they run in PA.
2007-12-16 10:08:38 · answer #4 · answered by California Street Cop 6 · 1⤊ 0⤋
He needs an attorney. If he can't afford one he has a right to a public defender. They will try to negociate a deal with the judge or prosecutor. Always plead "not guilty" at the arraignment even if you are. That buys you time to consult counsel to work on your plea bargain or sentencing deal. Hope this helps.
2007-12-16 05:46:29 · answer #5 · answered by Juk 2 · 1⤊ 0⤋
Having THC in your system is still driving under the influence. He's BUSTED
2007-12-16 05:34:12 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Yep-Wisdom has it right. He's busted. He's not supposed to be driving with anything in his system. Drugs or alcohol.
2007-12-16 05:48:18 · answer #7 · answered by Big Bear 7 · 0⤊ 2⤋