Marijuana DUI Charges

[snurgelwalker]

My question involves criminal law for the state of:
Delaware.

I was high on marijuana while parked in an aboandoned neighborhood. I was not smoking, didn't have any marijuana, and didn't have any paraphernalia. I admitted to being high, and I was not under the influence of any other drugs or alcohol. not my first traffic violation, but technically it is because my first charge got pbj'd and this is my second. I was arrested for having a dui pending blood sample. The police officer that caught me was very lenient, and told me that it wouldn't be in my best intrest to hire a public defender or lawer. He assured me that the probability of the matter is that the charge might get dropped if i show up for court and baby talk the judge if needed. I don't know what the charges are for marijuana dui and what I should do to get the best way out.

[flyingron]

How long ago was the first PBJ? You're most likely in serious trouble. Even if they don't count this as your second, they can take the PBJ into account in sentencing and the maximum sentence ranges for even the first on a DUI can be pretty severe. You need a lawyer.

[PTPD22]

The police officer that caught me was very lenient, and told me that it wouldn't be in my best intrest to hire a public defender or lawer.

I would be stunned by any police officer that actually told you this. If he actually did, he had absolutely no business doing so. Beyond the ethical questions it raises, it isn't even good advice. It is definitely in your best interest to consult with a DUI attorney.

He assured me that the probability of the matter is that the charge might get dropped if i show up for court and baby talk the judge if needed.

Again, no cop has any business saying anything like this. This charge has significant consequences including the possibility of jail time, extensive fines, probation with drug evals and such, and loss of your driver's license. Unless the cop is telling you that he intends to sabotage his own case against you, there is little chance this is going to get "dropped," no matter how much "baby talk" you give the judge!

I don't know what the charges are for marijuana dui and what I should do to get the best way out.

I haven't done the research specifically for Delaware, but it is probable that the charge and punishment for marijuana (or any other drug) DUI is exactly the same as alcohol DUI. The bad news is that I highly doubt that Delaware has a presumptive limit for marijuana (or any other drug other than alcohol) with which you are legally presumed to be impaired. That may sound like good news as that means the state has to convince a jury that you not only had drugs in your system, but were too impaired to safely drive. However, in my experience, if a chemical test shows ANY illegal drug in a person's system, juries are very willing to assume impairment.

The good news is that (depending on the circumstances of your PBJ) you are likely to be eligible for a deferment.

[snurgelwalker]

My pbj is over a year old, and will not add to the charges of my dui. I do want to talk to a dui attorney but am afraid of him convincing me to hire them just because they want my dollar. One thing that I didn't mention was that there was paraphernalia that the police officer didn't charge me with, and he was very lax and would be the type that very well might sabotage. I want to talk to the officer and to an attorney to discover my best options. Another thing is that I have very little money, and I cannot afford a lot. And one more thing, I wasnt driving. I was behind the wheel listening to music, and my story was that I was waiting for a friend to pick me up. Can that even be considered a dui if I wasn't driving? And if my story was I was getting picked up? And what is a deferment? I have no idea what to do and am afraid, the officer didn't even tell me those would be the consequences.

[flyingron]

What on earth makes you think that they won't consider your previous PBJ? Do not TAKE legal advice from the cop. You're not going to improve your situation talking to him, only dig yourself deeper (anything you say can be used against you).


Nothing else you say are exculpatory. Being behind the wheel is sufficient to be considered in control of the car.
With a PBJ of a year ago, you're chances of another or deferral will be NIL.

[tc498]

Sometimes a simple charge can be dismissed but dwi aren't just dismissed for no reason,if you able to get a public defender then plead not guilty and ask for one.