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Legal advice regarding DUI

Black Rabbit of Inle

Black Rabbit of Inle

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Around 4 months ago, my partner and I were in a head on accident. As a result of this we ended up I hospital and the other driver was charged.

Last week the police called my partner and told him that they found THC in his blood tests from the accident. They admitted that the amount found was tiny and that it, in no way, was enough to impair as clearly nothing was consumed the day of the accident . They said that He was being charged with driving under the influence and that if he contested the charge, he wouldn't win.

Now to me this all seems a bit unfair and not quite right.

The cops told us it wasn't even smoked on that day and couldn't have affected him but still want to charge him with DUI on that day. Plus it took them almost 5 months to charge him.

Do we have a leg to stand on if we contest this?
 
You certainly do. Roadside drug tests (for the purpose of DUI) only test for 11-HO-THC i believe, which is only present for around 5 hours after dosing.

This is because they know that 9-COOH-THC (the drug it sounds like your partner tested positive for) is not psychoactive and does not cause any impairment.

That drug in the blood proves you had weed recently, but has no indication toward your mental stability etc.

I would definitely speak to your lawyer, and read the appropriate local legislation yourself.

EDIT: If it was 11-HO-THC then you don't really have any argument to make. DUI consists of any concentration of an active drug in the blood, and is concisely stated in the legislation (at least this is the case in SA).
 
EnzymeDeficient, I don't think this was a roadside drug test, it sounds like Re-Distributed is talking about a blood test at a hospital.

Re-distributed, is the charge actually driving under the *influence*? In Queensland we have that charge, but we also have a separate charge of driving with the *presence* of a specified drug. The police acknowledge you are possibly not even affected, but they can charge you anyway. In Qld penalties for DUI (drugs) = DUI (alcohol), and presence of a relevant drug = low range drink driving charge.

It sounds a bit suss - if the cops thought for a second that your partner was 'impaired' by the THC they would have charged him as well as/instead of the other driver for causing the accident. I definitely think it's worth talking to a lawyer, good luck!
 
If you can afford it speak to a lawyer. Sounds like you have 2 legs to stand on if you ask me. Especially if you have evidence to prove what the police told you about it.
 
When you get the certificate, I'd also be asking your lawyer to speak to a medical expert. You should be able to get a doctor to testify on your behalf that if the certificate shows concentration X of substance Y, the effects on you would be ... (hopefully nothing!) If you weren't affected, then you weren't 'influenced' and it will get thrown out.
 
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There's not way in hell that your friend will get a DUI for a tiny bit of THC in his system IF and I stress the IF IF he finds a good lawyer to talk and the case gets taken to trial.. I don't know about the laws in the jurisdiction in which you live and I could personally tell you the steps to take for a succesful defense but unfortunately I don't have the time to do so for free, plus my help could only go so far... Def. tell him to hire an attorney and he should be able to get our friend out of the charge, if not completely then at least a lesser charge that won't look as bad as a DUI (if a DUI, which it probably is, is a felony) It will cost a pretty penny, but if he has it he'll get off
 
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