Legal Question in Criminal Law in Michigan

Hello, I have my medical marijuana card and I rolled my jeep on a backroad, so the cops made me take a blood test and it came back positive for thc which I told him would happen. So my attorney is not to smart I don't think. I'm being charged with and owi so I have it all set up for trail. The prosecutor said that it could be dropped down to an operating while in impaired and I don't know what I should do. If I take it to trail and I'm charged with anything I will have to go in front of judge platzer and she's pretty mean but if I get it dropped it will go.in front of monahan and he's cool.


Asked on 11/19/14, 4:24 pm

2 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

You definitely need a lawyer you have confidence in. One that has a substantial amount of experience in OWI defense and devotes a large percentage of his practice to that area of law. OWIs with marijuana are tougher for prosecutors to prove than the conventional ones. There is no magic BAC number or other arbitrary thresholds they have to meet. If you are a licensed medical marijuana patient, the prosecutor has to prove that you were "under the influence" meaning it substantially impacted your ability to safely operate your car. They will almost have to solely rely on circumstantial evidence and ask the jury to draw inferences based on that evidence. It can be a tough case for prosecutors to prove. On the other hand, a lot is at stake and the direct and collateral consequences of an OWI conviction can last years and even follow you around for the rest of your life. Remember, OWIs can never be expunged or removed from either your criminal or driving records.

Make sure you are being represented by the best OWI attorney you can get.

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Answered on 11/19/14, 5:17 pm
John Melton Melton law Firm

I agree with Mr. Austin. Nonetheless, going to trial is a risk. But it is a risk for both sides. If you are sure that there will be no better offers, you will have to weigh the risk considering your personal situation. For example, an impaired driving often results in a restricted driver license while an operating while intoxicated conviction will mean a license suspension.

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Answered on 11/19/14, 5:45 pm


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