Q: Crashed my car by falling asleep cop charged me with a DUI for failing the suberiaty test.
I failed due to not walking straight said officer but had foot surgery while back so hard to put full pressure on it. I plead the 5th after that and was arrested. The other officer searched my car without my permission and found a pipe what do I do
A:
You were correct to plead the 5th, many people fail to assert their right to remain silent.
Unfortunately the court will usually find the search to be lawful since it will be considered a "Search Incident to Arrest". You will most likely be charged with a drug DUI due to the police finding what they consider to be drug paraphernalia. If the drug paraphernalia was used for marijuana and you have a valid medical marijuana card, then the card can provide what is known as an affirmative defense to help defend you. Traditionally the field sobriety test is inadmissible or does not hold much weight in court, however the results of any in-custody blood test will be admissible in court . You should seek the help of an attorney as there are many elements of your case that can be argued in your favor along with mitigating factors to help diminish or dismiss the charges.
You are welcome to contact our office today to speak with an attorney (480) 923-9001
Michelle Skura
VS Criminal Defense Attorneys
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