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no dui tests

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therigwelder

Junior Member
I live in Mississippi.Last Friday my wife was arrested for DUI and possession of a few grams.she was not given a field sobriety test,or Miranda.when she got to jail they did not give her blood or urine test either.as a matter of fact she was not fingerprinted.will we be able to beat this case with a lawyer?
 


Ohiogal

Queen Bee
I live in Mississippi.Last Friday my wife was arrested for DUI and possession of a few grams.she was not given a field sobriety test,or Miranda.when she got to jail they did not give her blood or urine test either.as a matter of fact she was not fingerprinted.will we be able to beat this case with a lawyer?
You won't be able to do anything. And as for whether your wife would be able to "beat this case" depends on the actual facts which you have not stated here -- such as why she was stopped, what was her behavior at the stop, a few grams of what? Miranda is not necessary. This quite frankly legally is not your case and you no part of it. Apparently though you know your wife drinks and does drugs and then drives. If you have children, those things are NOT a good combination for the children.
 

anearthw

Member
Is that what the arresting officers told you? Or what your impaired wife said? Impaired people have poor recollections. You'll want to hire an attorney and let them sort this out instead.
 

therigwelder

Junior Member
My wife was not impaired,I was in the vehicle with her.There was no alcohol involved and it was a DUI checkpoint.furthermore I witnessed no sobriety test,I also got her out of jail.At the checkpoint she was stopped for expired inspection sticker the officer then claimed to smell marijuana.my wife hadn't smoke
 

Ohiogal

Queen Bee
My wife was not impaired,I was in the vehicle with her.There was no alcohol involved and it was a DUI checkpoint.furthermore I witnessed no sobriety test,I also got her out of jail.At the checkpoint she was stopped for expired inspection sticker the officer then claimed to smell marijuana.my wife hadn't smoke
Had you smoked in the vehicle? Had you smoked wearing the clothes you were in? Your wife needs an attorney. And if she was exposed to second hand marijuana smoke or ate Maryjane goodies... well she could have seemed to be impaired to a trained eye -- of which you are not.
 

davew128

Senior Member
You should hire an attorney. If your wife hadn't in fact been drinking and they didn't run a chemical test I can't see how they could ever get a DUI conviction even on the weed.
 

therigwelder

Junior Member
My wife was not impaired,I was in the vehicle with her.There was no alcohol involved and it was a DUI checkpoint.furthermore I witnessed no sobriety test,I also got her out of jail.At the checkpoint she was stopped for expired inspection sticker the officer then claimed to smell marijuana.my wife hadn't smoke
 

Ohiogal

Queen Bee
My wife was not impaired,I was in the vehicle with her.There was no alcohol involved and it was a DUI checkpoint.furthermore I witnessed no sobriety test,I also got her out of jail.At the checkpoint she was stopped for expired inspection sticker the officer then claimed to smell marijuana.my wife hadn't smoke
I notice you have failed to answer the questions I asked which tells me something about you and her:

Had you smoked in the vehicle? Had you smoked wearing the clothes you were in? Your wife needs an attorney. And if she was exposed to second hand marijuana smoke or ate Maryjane goodies... well she could have seemed to be impaired to a trained eye -- of which you are not.
 

Ohiogal

Queen Bee
You should hire an attorney. If your wife hadn't in fact been drinking and they didn't run a chemical test I can't see how they could ever get a DUI conviction even on the weed.
DUI doesn't require drinking. It could be drugs and it is possible. Especially if wife's eyes were red and she smelled of Maryjane. Which could have been even if she hadn't smoked. She needs an attorney. The other factor is drugs were found. That can cause problems and other charges.
 

therigwelder

Junior Member
[QUI was not impaired and I the passenger was breathalyzed.the car had been smoked in hours before.my wife and I were returning home from dinner not a night on the town.however I feel that without chemical evidence the state dosent have a case for the dui .the quarter ounce of weed should be a fine.all the charges are misdemeanors.
 

Ladyback1

Senior Member
[QUI was not impaired and I the passenger was breathalyzed.the car had been smoked in hours before.my wife and I were returning home from dinner not a night on the town.however I feel that without chemical evidence the state dosent have a case for the dui .the quarter ounce of weed should be a fine.all the charges are misdemeanors.
ta-da! That smell lingers (worse than cigarette smoke), and someone who does not smell it daily, will smell it.
No amount of air freshener will get rid of it...
 

davew128

Senior Member
DUI doesn't require drinking. It could be drugs and it is possible. Especially if wife's eyes were red and she smelled of Maryjane. Which could have been even if she hadn't smoked. She needs an attorney. The other factor is drugs were found. That can cause problems and other charges.
But if no chemical test or FST is done, they have absolutely no evidence of anyone being under the influence. If I go to a party and it turns out there's MJ being smoked and I end up with the smell on me as a result or second hand smoke despite not smoking myself, am I under the influence? No....
 

justalayman

Senior Member
If I go to a party and it turns out there's MJ being smoked and I end up with the smell on me as a result or second hand smoke despite not smoking myself, am I under the influence? No....
well, that would depend on the density of the smoke in whatever room your were in and how long you were in the room. You can get high from inhaling "second hand smoke" from both people exhaling and the marijuana being burned. It's commonly referred to as a "contact high".

and whether she will be able to beat the DUI charge is going to be based on the actual facts of the situation but she still has the possession issue and it would appear, so far, she has no defense for that.


[QUI was not impaired and I the passenger was breathalyzed.the car had been smoked in hours before.my wife and I were returning home from dinner not a night on the town.however I feel that without chemical evidence the state dosent have a case for the dui .the quarter ounce of weed should be a fine.all the charges are misdemeanors.
so OP was breathalyzed? Was that to check to see if you were capable of driving?

I guess when the car was smoked in hours earlier she wasn't in it, right;):rolleyes:

Gotta love how nonchalant you are about "only" a misdemeanor or two. You do realize that possession in a vehicle does include the possibility of incarceration, right?

Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers….
 
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dave33

Senior Member
My wife was not impaired,I was in the vehicle with her.There was no alcohol involved and it was a DUI checkpoint.furthermore I witnessed no sobriety test,I also got her out of jail.At the checkpoint she was stopped for expired inspection sticker the officer then claimed to smell marijuana.my wife hadn't smoke
The fact that the officer claimed he smelled pot and than he found some gives the state a good case. Also, you do not yet know what she said or what the officer claims she said.

For example... The officer claims your wife said that she smoked recently, that is a confession.

The bottom line is you will need to hire an attorney and wait for discovery to see what the officer claims the state has for evidence. Not much you can do now but wait.
 

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