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dk15

Hello all, to give you a little background, I have been blazing for 3 years and everyday for 2 years and this was my first time getting pulled over.

I was headed to a DMB concert in saratoga, NY, just 4 exits up the highway from where I live, when myself and 2 friends get pulled over on the way. We were in doing absolutely nothing wrong in swift-moving traffic and passed a cop on the side of the road. He pulls out as soon as there is room and has us pulled over within a minute of passing him. We had been vaporizing out of my standard box-style vapor-bro's digital knockoff about 5 minutes prior to being pulled over and were all pretty high. Unfortunately, the vaporizer was still plugged into the Ac adapter, so all i had time to do was unplug it, and cover it with a bookbag without making too many sucpicious movments and in the allotted time before he reached the driver's window. He approaches the window and starts asking the standard (i'm assuming) questions to the driver, and upon finding out I am without my id (and still a 17 yr old minor), comes over to my door (passanger) and asks me to get out to talk to him about my information.

As soon as i get out of the car he asks me what was in the bookbag, and i tell him it is just my sneakers. He then asked what all the wires were and at this time i decided it would be best to just tell him it is a tobacco vaporizer, as my friend had gotten away scott-free from a very similar situation telling the police just that. I admit to having the tobacco vaporizer and the cop actually seems excited as i explain how to use it (for tobacco purposes only, ofcourse ). things are going well until he checks out the box further, only to find my grinder fresh with dank crystals and smelling delicious. He tells me right then he knows whats up and that its not for tobacco and proceedes to search my bookbag and finds a pipe i had forgotten about. He calls in for backup and talks with his buddy about the vaporizer for awhile privately, before calling me back over to ask a few giddy questions about how it worked. I explain everything as polite as possible, NEVER admitting to smoking marijuana out of it. He and his partner call me out about dry-brown vape-waste that is all over the inside of the box and a groove in my vape, which is what i technically end up getting charged with. My friend in the backseat willingly gives the cop his weed ( he is the only one with actual trees) and papers and the cop clears us out of the car for the inevitable search. I dont think I mentioned this but I had my scale as well, and slipped it under my seat before being pulled over. The cop pretty much tears up the car and low-and-behold, probably because I was so honest about the vaporizer actually forgets to check under my seat, so they never end up finding the scale.

I know I have rambled quite a bit and now that you know the basics of what happened, I'll get down to business. I'm really just wondering what is going to happen when I go to court for the unlawful possesion charge, as I am still a minor. I read online that I might now be ineligable for federal financial aid, which would turn into a complete nightmare. I was also tagged with a completely BS seatbelt ticket, as the cop claims to have pulled us over in the first place for this reason. I explained that I was wearing it and that he was wrong as politely as possible, as over time the cop turns out to be pretty lenient and very fair. He explained to me that while he couldn't legally tell me what to do, that if he were in my shoes he would plead not guilty to the seatbelt charge, so basically he told me i may have a chance at getting that dropped in court.

It turns out real shitty that we were pulled over for pretty much no reason, but none of us are in too serious legal trouble. I am grateful that i didnt get a paraphanelia charge for the bowl and grinder. Im looking for any advice as to exactly what to do in court, and if anyone who took the time to read this knows nys case-law involving marijuana possession and minors and can give me an idea of how much trouble I'll end up in is greatly appretiated.

I saved the best for last, as believe it or not, the cop actually ends up letting me pack my obviously soiled vaporizer back up and take it home, and even though i was technically arrested for the residue/vape-waste that remained inside of the box and on the vape, i was allowed to take it home. The cop advised me to make sure everything is clean the next time i bring it out of my house and really cut me a break here. The vaporizer whip is covered in resin, and there is plenty of weed stuck to the inside that i could have been charged with.

 

Wickedclownz26

So you were charged with possesion for what weed?
Didnt you say you had no weed?
Did he take your pipe?

-clownz-

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dk15

I had no weed, he took my pipe and grinder, and I was charged with possession for the brown vape-waste that had at some point in time spilled into the box i use to carry my vape and whip in.

O High O

So he did or didn't collect the evidence?

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dk15

he took my friends weed + papers, my bowl and grinder, and left me the vaporizer.

 

blondie0420

Am I getting this right? He didn't take the brown "vape waste?" If he left it with you, he's an idiot. Clean out your vape and everything with it, and when it comes time to go to court, your story is "it was tobacco" and "I only use that vape for tobacco."

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dk15

Yes blondie, exactly what I was so confused over. I was technically arrested for a miniscule amount of vape waste that had collected on the inside of the carrying box, which I was allowed to take home and advised by the cop to " clean out " when I bring my vape around with me in the future. The only thing that worries me is the evidence he did collect (meaning my pipe and grinders), but since I wasn't hit with a paraphanelia charge, its too late to be charged now, correct? - (I am just worried that I would get to court with my clean vaporizer, and then they bring up my bowl and stuff.)

The whole situation is very confusing, and thanks for the idea about the vape. If you honestly think I can get out of it that way, I'm more than happy to try. - I just read your post a second time and just to make sure I'm getting this right, do I bring the cleaned out vape to court with me?

Researcher

Don't do anything without hiring a lawyer! This simple (and typical) scenario you've described could VERY easily be bumped to a "possession with intent to Distribute" felony charge by the Prosecutor.

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Researcher

Hey, it's just a daym plant!

dk15

Hell, if it came down to getting a lawyer and fighting a simple UPM, I'd just opt to pay the fine. I live in NY and I didn't get arrested or anything, this is my first offense and I hopefully shouldn't end up with more than a 150$ fine (after surcharges) for just the UPM charge.

Wickedclownz26

Man this pig fucked up.
He charged you with possession for vape-waste or resin and didn't take and pics or evidence or anything?
And you wouldn't get hit with a possession charge with a grinder or pipe.
It would be a paraphernalia charge.
Are you sure you heard what he said or were you freaking out?

-clownz-