car accident resulting in drug charges

[kondia]

What is the name of your state? Pennsylvania

My 16 year old daughter was driving to school with two other kids when she had a bad accident (no one was seriously hurt). When I went to the emergency room the cop pulled me to the side and said there was pot all over the inside of the car and demanded that she tak a blood test. If it comes back positive she will me charged with DUI on top of the possesion of a controlled substance. She told the cop she smoke like a week before but he said he didn't care, if it is positive you being charged. She told me there was no pot in the car only crumbs in the carpet in the back seat that they only detected with a k 9 unit. My question is, can they really charge her for possesion when theres no amount there, only crumbs? and it was only found because of the dog. my other question is did they have the right to call in a k9 unit or is that standard procedure? Last question is how much trouble is she really in? this is her first offense, 16 years old with no prior record

 

[seniorjudge]

Q: My question is, can they really charge her for possesion when theres no amount there, only crumbs?

A: It depends on the wording of the statute (which I do not know).


Q: and it was only found because of the dog. my other question is did they have the right to call in a k9 unit or is that standard procedure?

A: Nothing illegal there.


Q: Last question is how much trouble is she really in? this is her first offense, 16 years old with no prior record

A: 16 year old has a wreck and has been smoking pot; sounds like she has significant problems. Get her into Narcotics Anonymous and rehab.

 

[Some Random Guy]

Possession isn't the big charge here, its the DUI. Wait for them to decide on the charges, get a lawyer and have him get a copy of the police report to hear the officer's side of the story. Usually this will be more accurante than your daughters's story since the police officer isn't trying to hide their criminal behavior or trying to avoid responsibility or the accident.