Drug Crimes, Substance Abuse Possession of medical marijuana, driving under the influence

[potstop]

I was driving a car in New York state and was pulled over for a standard stop for drunk driving. I had a bag on the passenger side of the car that contained my medical marijuana that was legally obtained from where I live. After I was asked strongly by the officer what was inside, I told him that it was medical marijuana and that I had a prescription, which I showed the officer. They still performed a sobriety test on me and the officer concluded that I was impaired enough to be arrested under the suspicion of driving while impaired? I don't know whether there is a DUI statute in New York and I couldn't find one when I looked online. I don't think I was impaired at all and I am probably a better driver when I have my medicine because it gets rid of my headaches and pain and allows me to concentrate completely on driving. Not sure what to do next and whether I need a lawyer since they can't prove I was impaired and don't see how they can. I also have a prescription and had the legal right to possess the medical marijuana. Suggestions? Thank you.

 

[army judge]

I was driving a car in New York state and was pulled over for a standard stop for drunk driving. I had a bag on the passenger side of the car that contained my medical marijuana that was legally obtained from where I live. After I was asked strongly by the officer what was inside, I told him that it was medical marijuana and that I had a prescription, which I showed the officer. They still performed a sobriety test on me and the officer concluded that I was impaired enough to be arrested under the suspicion of driving while impaired? I don't know whether there is a DUI statute in New York and I couldn't find one when I looked online. I don't think I was impaired at all and I am probably a better driver when I have my medicine because it gets rid of my headaches and pain and allows me to concentrate completely on driving. Not sure what to do next and whether I need a lawyer since they can't prove I was impaired and don't see how they can. I also have a prescription and had the legal right to possess the medical marijuana. Suggestions? Thank you.

Here's the NY law that speaks to driving while under the influence of STUFF:

http://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations

http://www.dwilawny.com/dwi-penalties.html

http://dui.drivinglaws.org/newyork.php

http://www.dmv.org/ny-new-york/automotive-law/dui.php

You need to appear in court as instructed, plead not guilty, and request time hire a lawyer, or ask the court if you qualify for a public defender.

I suggest you not say anything close to what you said in yoru post.
Why?
Because, you'll help the prosecutor make sure you're convicted.
Your opinion about your medical condition, and what makes you a better driver will simply assist in your own lynching.
Be smart, avail yourself of your right to remain silent.
It works.
Also, you are (nor were you under then) not under any obligation to answer a police officer's question about what you're transporting on your car.
Look what that got you.

 

[CdwJava]

I was driving a car in New York state and was pulled over for a standard stop for drunk driving.

They did not randomly stop you. What were you doing that caused them to stop you? Do you know?

After I was asked strongly by the officer what was inside, I told him that it was medical marijuana and that I had a prescription, which I showed the officer.

That's wonderful, but, had you smoked any of it or your previous stash?

They still performed a sobriety test on me and the officer concluded that I was impaired enough to be arrested under the suspicion of driving while impaired?

It may come as a surprise to you, but buzzed driving is impaired driving, and marijuana can get you buzzed.

Marijuana has an effect on your ability to safely operate a motor vehicle. It can slow down response times as well as visual acuity, as well as cause other problems that directly effect your psychomotor abilities.

I don't know whether there is a DUI statute in New York and I couldn't find one when I looked online.

Yes. Even in NY you are not permitted to drive while high.

http://ypdcrime.com/vt/article31.htm#t1192.

http://codes.lp.findlaw.com/nycode/VAT/VII/31/1192

I don't think I was impaired at all and I am probably a better driver when I have my medicine because it gets rid of my headaches and pain and allows me to concentrate completely on driving.

THAT is a HUGE fallacy - and a dangerous one at that! You are objectively NOT safer when driving while high as your reaction times and perception are negatively affected by marijuana!

And probably about 8 of 10 people who ARE impaired think they are not. One of the first things to go when one is impaired on a mind altering substance is their judgement. You lose the ability to objectively evaluate your own condition.

Not sure what to do next and whether I need a lawyer since they can't prove I was impaired and don't see how they can. I also have a prescription and had the legal right to possess the medical marijuana. Suggestions? Thank you.

Yes, you need a lawyer. And, yes, they probably can show that you were impaired. They have the officer's observations, probably your FST performance, and they may have a chemical test of they took blood or urine - not to mention the marijuana in your possession.

An attorney can probably mitigate the damage, but, most DUIs plead out. You could go to jail for up to one year, face fines of up to $1,000, and lose your license for 6 months if convicted. A plea deal will probably mitigate some of this - at least the jail time. But, consult an attorney who can then get all the reports and evaluate your case.

Oh, and since rehab/counseling is likely an end result of a plea deal, you may want to consider giving up the weed now so that you are ready when you go to court to say that you have learned from the ordeal. It may position you to look better to the court.