DUI with no sobriety tests

[arynclark66]

Jurisdiction

Mississippi

Last night my husband and I made a trip to visit some of our friends. We were pulled over by a county officer for no tag because we had just bought the car. He asked if we had marijuana in the vehicle and my husband says yes and gives him everything. He was going to let us go with a posession ticket and paraphanelia charge. Then a state trooper pulled up behind us and the county officer told us he was there to do a sobriety test. The state trooper asks if my husband is going to cooperate and he agrees (thinking he's talking about the sobriety tests) (he was not high when this happened) he then says okay come get in the car and takes my husband to jail for D.U.I. Can he legally do that if he done no sobriety test, no blood test, and not even a urine test? He had no way of proving he was driving under the influence (Which he wasn't)

 

[army judge]

Last night my husband and I made a trip to visit some of our friends. We were pulled over by a county officer for no tag because we had just bought the car. He asked if we had marijuana in the vehicle and my husband says yes and gives him everything. He was going to let us go with a posession ticket and paraphanelia charge. Then a state trooper pulled up behind us and the county officer told us he was there to do a sobriety test. The state trooper asks if my husband is going to cooperate and he agrees (thinking he's talking about the sobriety tests) (he was not high when this happened) he then says okay come get in the car and takes my husband to jail for D.U.I. Can he legally do that if he done no sobriety test, no blood test, and not even a urine test? He had no way of proving he was driving under the influence (Which he wasn't)

When you called the jail, what were you told relevant to your husband's incarceration?

In MS, and many other southern states, marijuana use isn't tolerated as in some other states.

Marijuana possession is akin to a convicted felon persisting in carrying a firearm.

Be smart, stop using "weed", and if you can't stop (or refuse to stop) use it at home, and know that your continued violation of the law will continue to subject you police interventions.

Make your life simple, obey ALL of their laws, not just the ones you like.

Of course you can continue to break their laws, and their police will continue to arrest you.


These MS licensed attorneys answer your questions:
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Can I be charged with a DUI when I was not sear - Q&A - Avvo
....................................

 

[adjusterjack]

Can he legally do that if he done no sobriety test, no blood test, and not even a urine test?

Obviously it CAN be done because it WAS done.

He had no way of proving he was driving under the influence (Which he wasn't)

Then he should invoke his right to an attorney, keep his mouth shut and hire one.

 

[mightymoose]

Sobriety tests are not necessary to make an arrest. They are meant to aid in making a determination of intoxication. Sometimes the symptoms are so obvious that tests are unnecessary, or the driver is unable to even perform them.
Being under the influence of marijuana or any other substance that impairs a driver is illegal. I would expect that a urine or blood sample was collected at the jail or at some point during the arrest. If not, proving the allegation will likely be difficult later.
The officer does not need proof of impairment to justify the arrest, just probable cause to believe the driver is impaired. Statements made plus the presence of marijuana, scent of marijuana, etc likely was plenty of probable cause. He remains innocent until proven guilty in court.

 

[arynclark66]

When you called the jail, what were you told relevant to your husband's incarceration?

In MS, and many other southern states, marijuana use isn't tolerated as in some other states.

Marijuana possession is akin to a convicted felon persisting in carrying a firearm.

Be smart, stop using "weed", and if you can't stop (or refuse to stop) use it at home, and know that your continued violation of the law will continue to subject you police interventions.

Make your life simple, obey ALL of their laws, not just the ones you like.

Of course you can continue to break their laws, and their police will continue to arrest you.


These MS licensed attorneys answer your questions:
....................................
Can I be charged with a DUI when I was not sear - Q&A - Avvo
....................................

I was able to get him out on bond this morning. The bail bondsman and the lawyer we are hiring are saying that we should be able to fight it because even after he got to the jail they did no urine test or blood test.

 

[arynclark66]

Sobriety tests are not necessary to make an arrest. They are meant to aid in making a determination of intoxication. Sometimes the symptoms are so obvious that tests are unnecessary, or the driver is unable to even perform them.
Being under the influence of marijuana or any other substance that impairs a driver is illegal. I would expect that a urine or blood sample was collected at the jail or at some point during the arrest. If not, proving the allegation will likely be difficult later.
The officer does not need proof of impairment to justify the arrest, just probable cause to believe the driver is impaired. Statements made plus the presence of marijuana, scent of marijuana, etc likely was plenty of probable cause. He remains innocent until proven guilty in court.

He wasn't high when arrested so he could've easily passed a sobriety test. The county officer told us that he was coming to do a sobriety test but then got there and never did one just took him to jail. But on the ticket from the jail for the d.u.i charge it says that he failed the sobriety test and breathalyzer but he was never given one.

 

[army judge]

I was able to get him out on bond this morning. The bail bondsman and the lawyer we are hiring are saying that we should be able to fight it because even after he got to the jail they did no urine test or blood test.

I wish you and your friend all the best.

I suspect the police will have whatever recordings the deputy took as well as the trooper.

Video, alone, can be a very powerful piece of evidence that juries seem to love.

 

[mightymoose]

He wasn't high when arrested so he could've easily passed a sobriety test.

Again, the sobriety test is not even required.
Saying he wasn't high at the time is like an alcoholic claiming he wasn't drunk. It is probably still in your system and effecting you whether you realize it or not. A blood test would have been the best way to go for the police. If they did not obtain anything other than his statements they will have difficulty proving he was too impaired to drive.
If it is all as you say I'd expect the charge to be dismissed by the prosecutor for lack of evidence.

 

[arynclark66]

Sobriety tests are not necessary to make an arrest. They are meant to aid in making a determination of intoxication. Sometimes the symptoms are so obvious that tests are unnecessary, or the driver is unable to even perform them.
Being under the influence of marijuana or any other substance that impairs a driver is illegal. I would expect that a urine or blood sample was collected at the jail or at some point during the arrest. If not, proving the allegation will likely be difficult later.
The officer does not need proof of impairment to justify the arrest, just probable cause to believe the driver is impaired. Statements made plus the presence of marijuana, scent of marijuana, etc likely was plenty of probable cause. He remains innocent until proven guilty in court.

Again, the sobriety test is not even required.
Saying he wasn't high at the time is like an alcoholic claiming he wasn't drunk. It is probably still in your system and effecting you whether you realize it or not. A blood test would have been the best way to go for the police. If they did not obtain anything other than his statements they will have difficulty proving he was too impaired to drive.
If it is all as you say I'd expect the charge to be dismissed by the prosecutor for lack of evidence.

I appreciate you replying. We have a lawyer and a month until our court date. My husband is a mechanic and I'm mainly just worried about the license suspension because he'll lose his job immediately.

 

[arynclark66]

I wish you and your friend all the best.

I suspect the police will have whatever recordings the deputy took as well as the trooper.

Video, alone, can be a very powerful piece of evidence that juries seem to love.

I hope they will bring the video into the court room. My husband was very cooperative and wasn't under the influence when he was arrested.

 

[army judge]

I hope they will bring the video into the court room. My husband was very cooperative and wasn't under the influence when he was arrested.

No need to explain anything to me.
I'm a nobody.
The way this works is EVERY defendant is innocent until proven guilty.
Every defendant has the right to remain silent.
No defendant should ever try to explain, offer an excuse, or comment on any charge the police bring.

No defendant should go to court to answer to ANY criminal charge without a lawyer she hires, or one appointed to represent her by the court.

Every defendant charged with any crime and free on bail should not break any laws while out on bail or personal release.

He's out.

He's free.

He, and he alone, should speak with his criminal defense lawyer.
If he trusts his lawyer, he should rely on the legal advice his lawyer provides.
He shouldn't seek legal advice from anyone but his lawyer.

That also means he has stopped discussing this case with anyone but his lawyer and his wife.

I wish your family well.

Never underestimate any law enforcement official.
That goes double for any state police officer or trooper when traffic laws are involved.

 

[Highwayman]

You're at the point where you should not be asking questions or providing details on an Internet forum. Your husband has an attorney who is dealing with this issue. He should be your husband's resource for questions.