Re: Brother Arrested for a Dui, Wants to Kill Himself, and is Now in a Psychiatric Wa
Whether the positive marijuana test will result in another charge depends on how the test was administered. Was it during the DUI investigation? Or, was it during a medical evaluation as part of his psychiatric evaluation. I tend to believe that it must have been through a medical evaluation and, therefore, probably not admissible as evidence against him. If it had been part of the DUI investigation, the blood sample would have gone to a crime lab and there is no way you would have the results back the next day.
Even if the marijuana is admissible, it is likely that it would only be used as evidence to bolster the DUI charge, not for a new charge.
As for the likely outcome, it seems likely that the speeding would be dropped as a lesser included offense of the reckless driving. The prosecutor will also be likely to agree to drop the failure to provide registration charge. So, as you already know, the DUI and reckless charges are what your brother needs to worry about. Assuming he is convicted on both, jail is a possibility. While your brother seems to be in great need of a diversion program, he will need to convince a prosecutor that a diversion would be effective. You mention that he already has a prior drug conviction and has another reckless charge already pending. That is starting to show a pattern of behavior that may convince a prosecutor that incarceration is needed to adequately protect society from your brother’s continued behavior.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.