What is the name of your state (only U.S. law)? Michigan- Lapeer County
My son (17) was messing around and took off out of gravel parking lot to
fast hit some potholes and lost control of his steering, hit the brakes but
skidded and hit a tree so police were called.
Officer harrassed him on if he was high and told him if he admitted he was
she would let him go home.
He told her he was not high and had not smoked
anything, he did admit to smoking pot the prior sunday.
She did all the field tests and said he was high due to the test they do
with following her finger with his eyes.
She arrested him and they did a blood test at the jail.
He says he was not high and I do believe him and have explained the
importance of knowing the truth.
This would be a first offense.
I have some questions though as to the laws, the Zero Tolerance law and what he is facing.
I read MI. law excludes marijuana metabolites under MCL 257.625(8) but then
that the Mi. supreme court had ruled that metabolites ARE included .So I do
not know which they go by. And do not know if this would still be in his
system from 3 days prior but I am guessing so. He admits to occassional use
of Marijuana. And I do not know what MI. standards are as to the measured
amount of nanograms they go by for testing.
If he smoked on Sunday will the blood test show he is gulity by the presense of metabolites? He is an occasional user. He admits to doing it every now and then.
Also what are the penalties of this under the zero tolerance law for a 17
year old? Or is that only for alcohol? I have read so much confilcting info on the internet.
Are penalties the same as someone over age 21?
And how or what do I file to request to get discovery of items so I can get
a copy of the blood test?and any other evidence?
Also am I liable for his fines etc? If he is being charged das an adult can
he request a court appt. atty?
Any advice and information would greatly be appreciated.
First, your son will want a good attorney. An attorney may be able to get the charges against your son reduced.
To answer your questions (not necessarily in the order asked ):
Carboxy THC, a metabolite of THC, is not a schedule 1 controlled substance, however the presence of carboxy THC in the blood IS considered in Michigan conclusive evidence of THC's presence in the body and, therefore, enough to establish a violation of MCL 257.625 (8).
Both the juvenile AND the parent may be ordered by the court to pay restitution, court costs, fines, probation supervision fees, and any or all other payments and assessments. The court may also order both the juvenile AND the parent to attend drug education classes. In addition, the court may order a parent to refrain from any conduct that caused or tended to cause the juvenile offense in the first place (ie. allowing the juvenile to smoke marijuana in the home). The Juvenile Code does not limit the amount of restitution for which a supervisory parent may be held liable.
Other effects on a parent of a juvenile who violates the driving laws in Michigan can be an increase in insurance premiums or a refusal to renew an insurance policy.
With a first offense OUID, your son is facing a misdemeanor charge, $100-$500 in fines, up to 45 days of community service and/or jail time up to 93 days. Driver's licenses can be suspended for 6 months to 2 years, and there is no possibility of a restricted driver's license for the first 30 days. The vehicle is also subject to immobilization. Six points are added to the driver's license record, and your son will have to pay $1000 per year for 2 years for a driver's responsibility fee.
For reckless driving, your son is facing a misdemeanor charge, up to 93 days in jail, and/or a fine of $500.
Because jail time is possible for both of the charges your son is facing, he is eligible for a court appointed attorney, should his financial situation (or yours) qualify. Court appointed attorneys are not free - you or your son will be expected at some point to pay the county back for the services of the attorney.
Your son and/or his attorney are entitled to review any evidence that will be used in court against him.
I seriously recommend that your son hire his own attorney, one experienced in the violations for which your son is being charged. If your son has to take out a loan (or if you have to take out a loan) to pay for an attorney, it would probably be wise to do so.
And, because you are aware that your son uses marijuana, you should monitor his behavior closely and you should certainly prohibit the use of the drug in your home.
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