High School Student Has OVI and Marijuana Possession Charges Dropped

Our client, an 18-year-old senior at a local high school, was pulled over late one night after committing marked lanes violations.  When the trooper approached him, she allegedly smelled the odor of alcohol and marijuana.  Consequently, he was asked to complete standardized field sobriety tests.  At the conclusion of the tests, the trooper made the decision to arrest the young man for a first offense OVI / DUI and conducted a search incident to a lawful arrest.  She then found marijuana and drug paraphernalia. The young man was also charged with marijuana possession and drug paraphernalia. His case was then scheduled for arraignment in Delaware Municipal Court.

Unsure as to how to proceed, the young man and his father reached out to the attorneys with LHA for legal advice.  We discussed the young man’s future plans, including college and career ambitions.  The young man did not realize the impact an OVI can have on a career, and the more immediate problem of being denied federal financial aid due to a marijuana possession conviction.  With college starting around the corner, he and his father were going to be relying on federal financial aid.

We filed a motion to suppress evidence and indicated a willingness to try the case to a jury.  At the suppression hearing, the prosecutor agreed there were evidentiary issues and agreed to reduce the OVI to a physical control, terminate the administrative license suspension for the chemical test refusal, and to dismiss the marijuana possession and drug paraphernalia charges entirely.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.