Los Angeles DUI Lawyer Blog

The field of Medical Marijuana is fairly new, therefore legislators and courts are still discovering new issues and are uncertain on how to proceed on certain questions. Consequently, determining in which cases a Medical Marijuana Prescription will relieve a person of a charge is assessed on a case by case basis.

Many people who are pulled over for a Driving under the influence of marijuana charge obtain a Medical Marijuana Prescription after the fact and seek to apply it retroactively. The prescription will have only the date the doctor was seen and cannot be legally dated before that.

Nevertheless, this technique has been used repeatedly in court as a defense against a marijuana related charges. Each argument and its effectiveness depends on the Judge and the prosecutor it is presented to. In the majority of cases it has not been a successful defense and Judges have chosen to not honor the post dated prescription.

A well prepared argument made by an experienced Los Angeles Criminal Defense attorney is able to in many cases present a powerful defense that will strengthen your case and weaken prosecution's. This may lead your sentence to be reduced or better yet, dismissed completely!

We have all heard the phrase "plead the fifth" being employed in numerous scenarios. The meaning is derived from the Fifth Amendment of the United States Constitution. The Fifth amendment protects your right to remain silent, consequently, not say anything that may later incriminate you during trial or otherwise.

When stopped on suspicion of driving under the influence, you always have the right to not say anything self incriminating. Self incriminating can be anything, admissions, confessions, as well as statements, that may be used later in court against you.

It is the officers' job to search for evidence and build a case against you. They may do this by searching your vehicle and asking you direct questions that may lead to a confession. You are not required to answer any questions besides those identifying you and those related to your vehicle registration and insurance. In the scenario that you are asked questions, it is perfectly legal to politely decline.

If you are not sure of whether you were within your Constitutional rights during a DUI stop, consult a knowledgeable Los Angeles DUI attorney. The Southern California Criminal Defense attorneys at Hoffman and Associates can analyze the facts of your specific case and provide you with an assessment of your options and potential consequences.