Clients Case For Under The Influence of A Controlled Substance Is Dismissed
Under The Influence of a Controlled Substance
My client was charged in San Mateo County with being under the influence of a controlled substance, specifically cocaine. My client was hanging out in the driver's seat of his vehicle talking to his cousin while parked on a San Mateo street well after all businesses had closed for the night. My client had returned from San Francisco from a night of clubbing and wanted to talk to his cousin about “girls.” However, a San Mateo Police Officer thought it was “strange” for my client to be parked where he was. The officer approached my client's driver's side door, knocked on his window and observed that my client was fidgety, appeared nervous, and was speaking rapidly. The officer then asked my client for his driver's license and whether he was on probation. My client admitted that he was on felony drug probation out of San Francisco with a 4-way search clause. The officer asked my client to step out of his car and to submit to tests to determine whether he was under the influence of a controlled substance. Of course the officer determined that my client was under the influence. Later my client's urine sample confirmed the presence of cocaine in his system. In court we challenged the legality of the detention. However, before we spoke one word the District Attorney conceded the motion. Wow! That was nice. Although I thought we could have won this one – this one would have been tough! Good result for my client who was now safe from prosecutions in both San Mateo and San Francisco Counties.