Incorrect evidence in DUI / VCSA
In the fall I was stopped for a dui. After doing the field tests and blowing a .095 I was arrested, and my car was searched. In the care the officers found marijuana and then took me to the hospital for a blood test. The blood test was administered at the end of september, and my pretrial was postponned because they didnt have the results by the original pre trial date in the beggining of November. So I dont know what my blood came out to, but the real problem is the police report list 3 time the amount of marijuana I actually had on me. This scares me, how is this even possible? Don't the police have to hold up to the law under even more scrutiny than me? This can be proved false by simply reviewing the evidence. Do I gain any leeway in the OWI or VCSA charge because of this?
1 Answer from Attorneys
Re: Incorrect evidence in DUI / VCSA
If you are only charged with possession, it doesn't matter.
If you are charged with possession with intent to deliver, it matters.