Another DISMISSAL at the Preliminary Examination!

In the previous post I explained how a preliminary examination works. Within a month after Neil got those felony larceny counts dismissed, he also managed to convince a different Judge to DISMISS ALL felony counts for Possession of a Controlled Substance and Operating a Motor Vehicle Under the Influence of a Controlled Substance – 3rd offense.

Our client was pulled over at night while pulling into his work parking lot. The police officer argued that it was suspicious that he would be pulling into a business parking lot at night due to some recent thefts in the area. Even though we challenged the stop of his vehicle, the Judge did not agree that the stop was unreasonable.

However, We also presented evidence and expert testimony that our client had a prescription for the drugs that he was in possession of and that the amount of the drug that was found in his system was a “therapeutic amount.” In other words, that he was permitted to possess the drug, that he was not impaired by the drug, and in fact the amount in his system was a reasonable amount given his intended usage.

Ultimately, the Judge agreed that we had presented sufficient evidence to prove that our client had not broken the law. The case was DISMISSED WITH PREJUDICE – meaning that the People are not permitted to re-file the charges. Can’t ask for anything more than that! 

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