I was charged with an OUI for being under the influence of Marijuana in Leominster, MA.

Chris (Guest) on Thursday, September 27 2012, 07:55 AM
The police did not have me conduct a field sobriety test or anything. I was driving with my lights off (my dash lights in my car had been out for a while, and my front headlights come on automatically when the car is turned on) when I was pulled over by the police. I had not been smoking for over 12 hours, and the cop arrested me with no sobriety test, or anything, but he did find a lot of pot. The cop proceeded TO LIE in the police report and claim I admitted to having had smoked 30 minutes before driving, claimed there was pot on my shirt (obviously a lie for I was NOT smoking) and claimed I smelt in the police report. Is there anything I can do? Or do I have to deal with it? If I have to deal with it, should I just check into rehab anyways to look better? What happens if I fail my drug test for weed while on pre trial probation? Will I just be charged with OUI or worse?
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    Replied by Attorney Damian Riddle on Saturday, September 29 2012, 03:24 PM · Hide · #1
    I routinely handle OUI alcohol and drug cases in the Leominster District Court. OUI drug cases are very difficult for the Commonwealth to prove even with an alleged admission to smoking 30 minutes prior. With no field sobriety tests or other expert testimony your case is likely very triable and you should seek qualified representation rather than plead the case out.
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