I was falsely arrested for under the influence of a controlled substance, I had just got finished doing a star bucks study session that ended at midnight and had an espresso and two cups of coffee, as I parked in front of my house and was already walking towards my house when the police pulled up in front of me and demand for me to tell them who I was and where I lived and I had told them that they had right to ask me that if I had not commited a crime, then they hand cuffed me and shinned a light in my eyes and said that my pupils were dialated , consistant with methamphetamines and cocaine, and said that if I had done any drugs and said no and they said that I have to take a urine test to prove it, and refused out of principle because I had done nothing wrong. I had no drugs on my person or have ever done those kinds of drugs in my life. Now iam worried that I should have done that drug test and gotten that out the way. Can my case be dismissed ? or can I still do a private drug test on my own to have as evidence before its to late. Also I have my recipts that I was at starbucks with a friend with the time stamp and what I ordered to prove I drank coffee and gave me the symptoms of dialated pupils. Please help
2 Answers from Attorneys
You have two things going on...
First - any criminal charges. In order to actually file a case against you and prove that you were under the influence of drugs, they need proof beyond a reasonable doubt. If they did not get a voluntary sample from you or take blood against your will, the odds are that they cannot actually prove any drug charges against you. If charges are in fact filed, get a lawyer, as you have a very defensible case. There may be legal issues with the stop and investigation that could lead to the suppression of any evidence against you.
Next - from what you wrote, I have concerns about the legality of the initial stop, investigation and arrest. If you feel that your civil rights were violated (and you'd need to consult with an attorney that handles these types of cases), there may be a valid civil rights lawsuit against the police. I don't specifically handle those types of cases, but do know an excellent attorney that does. I've referred cases to him previously and I know of good results he's achieved on cases where the police made an arrest without sufficient evidence, etc. I'd be happy to refer you if you'd like. There are certain time frames in which you must make a claim against the police or you cannot pursue any further claims. Don't miss any deadlines - if you're considering a suit against the police, at least consult with an attorney soon.
I disagree with Joe Dane's answer above (he said: "the odds are that they cannot actually prove any drug charges against you"). That suggests that your refusal to submit a urine sample will make it harder or impossible for the prosecutor to convict you of the charge. If that were true, then any suspect in your position could frustrate the police efforts every time by refusing to submit to a sample. They will have evidence (which the cops are free to make up) in the testimony of the cops about how you looked and acted which may be sufficient to convict you. So in answer to your question "can my case be dismissed?" the answer is maybe. You do need a lawyer to defend you and I'd be happy to speak to you about representation. If you'd like to discuss this with me, please call me at 310 922 3983. Good luck. Steve Mandell