InFambeg, driving while on suspension and being in possession ofnon-medical marijuana is illegal. Officer Daly Patrol’s arrestwarrant for Maude Tipsy is strong because she was operating onsuspension. Besides, she had a bag of marijuana under the car seat.The blood test result from the hospital indicated that Tipsy’s BACwas 0.29 while the legal amount is 0.8, thereby strengthening thearrest warrant. Tipsy had also admitted to Officer Patrol that shehad taken one ‘vokka’ before the EMTs took her to the hospital.
However,Officer Patrol’s arrest warrant for Tipsy is weak because theFambeg law requires an arresting officer to conduct two BAC testsimmediately after an accident. The tests should be ten minutes apart.Patrol did not conduct the tests. Since Tipsy was injured, OfficerPatrol should have informed her of the intention to conduct a DWItest so that she could call her attorney. Besides, the officer wassupposed to supervise Nurse Nasty when conducting the BAC test forthe results to be admissible at a court of law. The tests from thehospital could be rejected because Officer Patrol did not supervisethe tests, the prosecution requires at least two tests conducted inten minutes interval after an accident, and the patient should haveauthorized the tests. Furthermore, Patrol’s DWI arrest warrant forTipsy may be inapplicable because the hospital could have eitherfailed to use the test kits recommended by the Departmentof Emergency Services and Public Protection(DESPP) or the organization’s guidelines. Besides, it would beimpossible to determine when the hospital conducted the DWI test.Fambeg law requires eligible tests to have been conducted within twohour`s period after an arrest.
Furthermore,Officer Patrol is applying for an arrest warrant before investigatingwhether Tipsy was on suspension or in possession of Marijuana asNurse Nasty had reported. The officer would also require determiningwhether Tipsy uses marijuana for medical reasons, and whether she hadit in the car. It is legal to use marijuana for medical purposes.