Legal Question in Criminal Law in Missouri

Marijuana field sobriety test

Recently my son was stopped for his headlight out on his vehicle, (something they had stopped him for within a week or so time frame.) upon stopping him they arrested him for driving under the influence of marijuana. Upon asking the police department how they determined he was under the influence they stated field test. I always understood this had to be done chemically or through hair folical, or urinalysis. Or do they have a breathalizer type of testing now?


Asked on 2/25/02, 3:47 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Marijuana field sobriety test

I have handled many cases in which a young person was charged with possession, possession of paraphenalia, or driving under the influence. In most of the latter cases, the arresting officer states that he smells a strong odor of marijuana which he can identfy through his years of experience. Then, in most cases, the officer questions the defendant and the defendant admits using marijuana. Could this be what actually happened in your son's case? If not, was there some other evidence seized by the arresting officer such as a pipe or one-hitter with burnt marijuana in it? In any event, this is a charge will your son does not want to plead guilty to because of the effect it will have on his criminal record or traffic record and also because of the effect it may have on his driving privilege depending upon his age. If you do not already have competent experienced legal counsel representing your son, you should have. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 2/25/02, 8:05 pm


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