I was involved in a motorcycle accident when a women pulled out of her driveway in front of me. I was airlifted to the hospital and nearly died. The SC state trooper found me at fault based on him suspecting me of being under the influence of alcohol. I had not consumed any alcohol and the only reason he assumed I was under the influence b/c I had just left a bar where I met up with other people. The hospital test was no alcohol in my system. The trooper sent the test to SLED to have them test. Now 3 months later, 4 days before my court date, the officer says he is charging me with DUI b/c of THC in my system.
How can he change the basis of the charge to something like THC that stays in the system up to 90 days? Is there anyway I can fight his through a jury trial?
SC trooper came to NC hospital and collected blood test. Test showed negative for alcohol, which was what he suspected I was under the influence of. Trooper did not take eyewitness testimony of what happen.
While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with an attorney could provide you with the knowledge you need to make an informed decision.
