Thursday, July 29, 2010

Legal advice for state of NY?

I am 22 years old and live in the state of New York, Jan 6. 2009 I was in a pretty bad car accident that wrecked my car, which was caused from me driving too fast, no drinking or driving or smoking and driving. My car was searched and they found a little bit of weed and my bowl. I claimed the bowl as mine but not the weed, I was then piss tested by the court, which I failed. I'm not exactly sure what to do now. A couple people I know who wrecked their cars said theirs was never searched and that they were not allowed to search my car, I've also lost my job because of this. Were they allowed to search my car without my knowing or getting permission? An answer from someone who knows the law in NY and has good advice would be wonderful seeing as this is my first time getting in trouble with the law.Legal advice for state of NY?
because you wrecked your car, you will probably have a very difficult time proving the cops didn't have reasonable suspicion to search your car. all it would take is for the cop to say he could smell it on you and your done. even if you argue that, if the car was going to impound, the cops can check it there, so it would likely come in anyway. if it was in plain view in the car, it's coming in. best argument is that the drug test was not indicative of your current state as you were not high when driving.Legal advice for state of NY?
Because you were the cause of the accident, a probable cause to search was created. Also, any car that is impounded may be searched no matter what.

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