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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20234
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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Last night I was in an accident with a motorcycle. After I

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Last night I was in an accident with a motorcycle. After I told the police what happened i was given a ticket and sent home. The police called me at home and told me that the lady on the motorcycle had a broken wrist and wanted to know if I would consent to a blood test. I was sober and wanted to cooperate so I agreed. The problem is I smoked pot over the weekend. I didn't think that nh law states any pot in the system is grounds for dwi. I haven't got the blood results back yet but I'm assuming it's still in my system. What should I expect?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 12 months ago.


Thank you for the information and your question. Although it won't change things at this point, as you might expect, your decision to take a blood test was something that should have never happened. If you had spoken to an attorney ahead of time, they would have advised you to decline. It is never a good idea to "cooperate" with the police in their investigation against you. In the future always make sure they have the law on their side. In this case, since you had left the scene, they would have had to have a warrant to obtain a blood sample. In any event, that is hindsight and something to file away.

At this point, you will want to hire a local DUI attorney to represent you since you, under NH law, if you test positive for any marijuana in your system (which you are very likely to), that would be a DUI. The law is pretty extreme though and your attorney may be able to challenge the law or the presumption that you were affected by the marijuana. There may also be an issue with the sample collection, which they can investigate after they speak to you. But, assuming this is your first DUI, the sentence could be a mandatory minimum fine of $500, and between nine months and two years of license suspension. The judge may also order participation in a "drugged driving" education or treatment program.

Please do not make any statements to the police without first speaking to a local DUI attorney. They will advise you to remain silent. Feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 12 months ago.
Thank you
Customer: replied 12 months ago.
I knew I shouldn't have given consent. Would my though cooperation help me at all?
Expert:  Marsha411JD replied 12 months ago.

You're welcome. No, not really. That is just their plow to do what they should have done at the site of the accident. Someone screwed up and made up a story to get you to come in after the fact. Hopefully, your attorney can find a mistake on law enforcement's part and they may be able to get this dropped or reduced to a non-DUI

Customer: replied 12 months ago.
How about the fact that they let me drive home in a car filled with broken glass? I'm reaching for straws.
Expert:  Marsha411JD replied 12 months ago.

That wouldn't really have any direct relevance to the DUI, other than to support that fact that they didn't think you were impaired. In other words, the broken glass would be irrelevant, but their act of sending you on your way to drive would not be.

Expert:  Marsha411JD replied 12 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 27th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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