10/14/12, 3:03 pm
I am 19yrs old, live in Colorado. I have 2 previous speeding tickets, 2pts and 3pts. I am 3 months into a year long differed sentence for an MIP-A (first offense). Today I was just pulled over and given a 4pt ticket for going 55 in a 35 (on a back road...come on). Then the police officer searched the car (it smelled like pot) and gave me an MIP for drug paraphernalia and less than 1 gram of pot, and changed it all to a summons. I told the officer that the marijuana belonged to my mother who has her medical card, that i dont smoke, and I can pass a drug test. He said he wasnt calling me a liar, he just didnt believe me. There wasn't even a lighter in the car. I wasn't smoking pot. The court date is Jan7. Can I do anything to prevent the new MIP? Can I avoid probation? I'm unsure how many points I have left on my license, if it is revoked could I get a new one in another state? If I can pass a drug test on my court date, would it help? If I get a medical marijuana card before my court date, would it help?
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United States   |   Colorado  |  Criminal Law
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Christopher Kendrick Says:

Oct 17,2012 3:19 PM

You really need to speak with an experienced criminal defense attorney. It sounds like yo may have a case that should go to trial as you really don't want another MIP on your record. Frankly, the points on your license aside, this could be more serious Taking the drug test as soon as possible would certainly help your case, especially if it is within 30 days of the stop. The only real way to avoid penalties is to get the DA to dismiss your case or win at trial

Nothing in this communication should be considered legal advice. Nor should this communication lead you to believe that an attorney-client relationship has been created. Only after thorough analysis of your case with you in my office can I provide effective legal advice on your specific issue.

Christopher Kendrick
Lubchenco, Kendrick, & Baldridge, LLP
2222 South Albion Street, Ste. 360,Denver, CO 80222

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