Legal Question in DUI Law in Pennsylvania

my situation

Me and my girlfriend were pulled over while she was driving. She was caught with a glass pipe for smoking marijuana. I also had a glass marijuana pipe and less than a $5 bag of marijuana in my purse. The cops believed my friend, the driver, was smoking while driving. This is my first offense ever, but it is going to be my friends second DUI. The night we were pulled over, the cops were trying to make deals with us about turning people in. We were really scared so we were compliant, but after they let us go we said we couldn't help with what they were looking for. They then began calling our cell phones saying that they would not go away and that they were going to put warrants out for our arrest and we would be locked up. What will happen to me and the driver?


Asked on 7/09/09, 10:18 am

4 Answers from Attorneys

Brendan Campbell Solomon, Berschler, Warren, Schatz, Flood & Monaghan

Re: my situation

You may be charged with drug misdemeanors, possession of marijuana, possession of a controlled substance and possession of drug paraphenalia. These are not serious offenses, so unless you have a bad prior criminal record, you most likely will not get put in jail.

The driver may be charged with DUI. Did he submit to a blood test? Breath Test? Did he refuse testing? If a test shows that he had marijuana in his system OR he refuse testing AND this is his second DUI, he could be facing 90 days incarceration.

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Answered on 7/09/09, 10:28 am
James Monaghan Law Office of James V. Monaghan

Re: my situation

You both need to have an attorney involved in these cases. Your friend's case is more serious, if she was smoking that evening. She would be in the highest tier of the DUI statute. As a second affender, she would be looking at a mandatory minimum of 90 days in jail. An experienced attorney may be able to minimize this, as well as assist you in getting your charges dismissed. Please call so that we can schedule an appointment to disscuss this further.

Jim

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Answered on 7/09/09, 10:32 am
Solomon Weinstein Solomon Weinstein, Esquire

Re: my situation

You would be advised to immediately meet with an attorney to discuss the facts of your situation.

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Answered on 7/09/09, 10:37 am
Michael Berman Law Offices of Michael A. Berman

Re: my situation

Your situation is much different from the driver....

She needs to speak with a lawyer ASAP because if they did charge her with a DUI second offense it may not be possible for them to prove.....

A good lawyer gives a client options, and this case needs options.

It sounds like the police think you can turn someone else in...they may use you to set someone up, send you somewhere to make drug purchases, get you to make telephone calls....

What you really need to do is discuss this with someone. I have more than 15 years experience in this type of case, so please write back if you want some real advice.

Mike

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Answered on 7/09/09, 10:43 am


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