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  1. #1
    Join Date
    Oct 2009
    Posts
    17

    Default When Will a DUI Charge Be Filed

    Marijuana DUI arrest on 10-1-09. As yet, charge has not been filed by DA and is not on court calendar (website). I know it can be filed anytime during next 12 months, but is that perhaps a sign that DA may not file? Seems to me that DUI charges are usually filed right away and 5 weeks seems kind of long. Opinions?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Filing DUI Charge

    but is that perhaps a sign that DA may not file?
    I wouldn't get my hopes up, no. It would seem more likely that the DA is just a bit backed up.

  3. #3
    Join Date
    Oct 2009
    Posts
    17

    Default Re: When Will a DUI Charge Be Filed

    Of course, that's not what I wanted to hear. Proving "intoxication" would be another issue. BAC 0% What a waste of taxpayer's $$ if he does file. I saw subject 5 minutes before arrest - he was perfectly fine other than his back hurt. I will be a witness.

  4. #4
    Join Date
    Oct 2009
    Posts
    17

    Default Re: When Will a DUI Charge Be Filed

    Still no filing of charges. Court date on ticket is 1/7/10. Just show up anyway if nothing is filed? DMV returned license and "set aside" case.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: When Will a DUI Charge Be Filed

    Quote Quoting preames
    View Post
    Still no filing of charges. Court date on ticket is 1/7/10. Just show up anyway if nothing is filed? DMV returned license and "set aside" case.
    What state are you in, and what are the charges (code sections) on the citation?

    Part of the delay might that the state is waiting for the results of any chemical test. Of course a marijuana DUI would come back with a BAC of .00 as there would be no alcohol in the system if marijuana was the sole intoxicant.

    In some states the presence of most any THC in the blood is sufficient to support a lesser DUI charge, in other states (like mine) impairment must be shown through the observation of the officer and the articulation of the objective signs of impairment. Far too often then untrained eye will not recognize those signs of impairment. The fact that someone might appear to be normal does not necessarily mean that they are not too impaired to drive.

  6. #6
    Join Date
    Oct 2009
    Posts
    17

    Default Re: When Will a DUI Charge Be Filed

    California 23152(a) Is every CHP officer trained in marijuana sobriety testing. Seems like I read that certain trained officers perform this test.
    Thanks

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