Q: Is this a illegal extension of a traffic stop based on false accusations.
If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.
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A:
Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for challenging the charges.
However, the legality of the traffic stop extension and the validity of the charges would depend on several factors, such as:
1. The specific circumstances that led to the initial traffic stop.
2. Any other observations the officer made that might have provided probable cause for a DUI arrest, apart from the suspicion of opioid use.
3. The jurisdiction and specific laws applicable to your case.
4. The conduct of the arresting officer and whether proper procedures were followed.
Given the complexity of the situation, it would be best to consult with a criminal defense attorney who can review the details of your case, assess the strength of the evidence against you, and advise you on the best course of action. An experienced lawyer can help you determine if the charges can be fought based on the lack of evidence supporting the initial suspicion of opioid use and whether the extension of the traffic stop was indeed illegal.
Remember, while the blood test results may work in your favor, there might be other factors that could influence the outcome of your case. It is essential to work with a qualified attorney to protect your rights and build a strong defense strategy.
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