New York City DWI lawyer Russ Kofman (https://www.lebedinkofman.com/are-dwi-cases-involving-drugs-common/) releases a new article explaining whether it is illegal to smoke marijuana while driving. The lawyer mentions that in a drug case, people usually get pulled over because they are smoking marijuana in the vehicle. Law enforcement often sees situations like this all the time because people think it is fine to smoke marijuana while driving along the highway.
According to the New York City DWI lawyer, “You could throw the joint out the window, but the car will still stink like marijuana. There may be smoke coming out of the car and you may have bloodshot, watery eyes. There might even be a residue of marijuana either in the car or all over your shirt. You might even be under the influence of some other drugs or prescription drugs.”
The lawyer explains it is usually difficult for law enforcement to detect if a person is under the influence of drugs unless they pull the person over and there is evidence of drugs in the vehicle. A very important point to remember is to never consent to allow the police to search the vehicle.
Attorney Russ Kofman explains that a person is usually not arrested unless they admit to something to the police officer. If the officer sees that the person is impaired or intoxicated, they may ask them to step out of the car and then ask the person what they took, what they smoked, and what they drank.
“It is very important for you to know your rights. You have a right to not be searched without a warrant, and you should never consent to allow the police to search your vehicle. This would almost sound counterintuitive, but people do get pulled over all the time and, even though they know they have evidence of drugs or drugs themselves, they still consent to allow the police officer to search the car,” attorney Kofman says.
In the article, attorney Lebedin also adds that fifty percent of the battle is telling the officer that they did not drink, smoke, or take drugs. Although the person may appear impaired if they pass the Alco-Sensor, the police officer may take the person under suspicion of being on narcotics.
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of DWI. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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Lebedin Kofman LLP
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