Marijuana.com

mr pink

ok i just typed out a long ass story about exactly what happened to me, took like 30 mins then my brower ****ed up and i lost it, so heres a summary ask ?'s about specifics cuz i dont feel like typin it all over.

Ok i was recently pulled over for being a suspicious vehicle in my neighborhood, after leaving one friends hosue and dropping another friend off at a neighborhood down the street from my own. when i left my first friends house i pulled out in front of 2 sherifs, ****ty luck. I had not been smokin at all that day and had nothin in my car so i wasnt too worried.
anyway drop my friend off and get into my neighborhood and am pulled over by two patrol cars. they tell me to get out of the car b4 they even walk up to it. i do it. they say they smell marijuana and ask my to do some sobriety tests. i do em. i sway on the one foot test (im 260lbs 5'10" tall big ass guy, not much coordination). and step on my toe during the line test mainly cuz i was barefoot and walking on rough ass asphault. i was barefoot cuz i was wearin sandals and the cop told me to do it barefoot cuz it wud b easier. anyway after all that this deputy informed me i was under arrest for dui marijuana and placed me in his car. they then proceeded to tear my car apart, i was sittin in the cop car smilin watchin them go through food wrappers etc knowin i had nothin. they found nothin, oh except a bottle of whiskey in the trunk ( i got charged with minor in possession for that, but i can live with that charge) oh and a green leafy substance, but there was too little to test it for mj (i think it was lettuce off a sonic cheesburger but anyway). so i goto jail take the piss test get booked then im bailed out by my mom.

i then contacted one of NORML's lawyer to ask some basic quesitons. he informed me its very hard to get a dui marijuana conviction w/o a posession charge. he also told me the field sobriety tests are not validated to b indicators of mj intoxication, only alcohol intoxication. he also said the urine test is usually found inconclusive in ct cuz we all know mj metabolites can stay in your system for weeks. esp with me weighing 250+.

now here, is where the story gets interesting my friends. one of my good friends is at a gas station 2 days after im arrested, and there is a sherif in front of him. this deputy is talkin to the clerk about an arrest they recently made, they thought they were pulling over a drug dealer but they got the wrong guy and had to charge this kid with something else. my friend was thinkin holy **** thats my friend. so he keeps listening and this deputy describes exactly what happened to me, keep in mind hes just tellin this to some random gas station clerk. so my friend calls me the next day i asked him what the deputy looked like and he pretty much described my arresting officer. at this point i go to this gas station and find out they hav surveilance tapes with audio. so im gonna get my lawyer to try get that tape.

but what do u guys think? if i get that tape u think i have a false arrest suit? b/c im gonna hav to sell my car in order to pay for legal fees and everything.

 

mr pink

o yeah they said they pulled me over cuz i was being suspicious driving around residential neighborhoods even tho it was my neighborhood, in route to my house. they also said i pulled out in front of the deputy when i first left my friends house, but that happened about 2 miles down the road from where they eventually pulled me over and at first they drove past me even after that. based on what my legal council tells me i shud beat the dui charge no prob, but i mean in order to do it, im gonna hav to take off from work, school and sell my car.

IceFire

I think if you can gather evidence of that tape, you will have a definite case.

But make sure your friend tells you EXACTLY what he heard. He may have misheard.

But if they are found to have falsely arrested you, I am sure the judge would be willing to make the department pay your fees too.

Good luck if everything you say is true.

But if I were you, I would have fought harder to prove my sobriety. Not just let them put me in the back of their car. I mean have them let you do the walk again, and this time DON'T fall.

It gets harder to defend yourself legally if you make no or little effort to defend your innocence. Atleast help you avoid the whole incident.

But if you were really innocent as you claim and were NOT impaired and was NOT in possession of cannabis, I wouln't worry about it. You should be proved innocent.

Oh, and you shouln't have to sell your car just to prove your innocence. If you cannot afford legal representation, the court will give you one.

Don't just roll over and take it if you are innocent.

mr pink

im not gonna get some cheap lawyer to handle my future, and i def dont want a public defender. and i did not fall when i walked the line i stepped on my toe, and swayed for the one foot test. and im pretty sure the place to prove your innocence is in the court room, not on the street arguing with two cops who apparently really wanted to search my car.

StewScum

Wow, if you get the tape if would be great, but i can definitly relate to those subriety test. Say the alphabet backwards, HA, not in this life. Also they are always shining their flashlight or spotlight right in your face when you are doing any sort of sobriety test, so it makes it hard for you to see where your going, kinda ruins my sense of balance. I didn't even know you could get a DUI for marijuana, but without possesion they almost have no case. It will probably get thrown out of court for lack of evidence.

__________________
Life is like a pot of stew, if you don't stir it up every once and a while, all the scum rises to the top -Still Life with Woodpecker by Tom Robbins.

 

Virus356

pass a sobriety test? lol yea right. i cant walk a straight line sober, and cant say the alphabet backwards.

but in most states its VERY hard to get a DUI conviction for marijuana, except wisconsin where any detectible amount in a urinalysis is considered DUI.

IceFire

I can walk a straight line easily. But say the alphabet backwards???

I cannot do that sober and I am a clear minded smart guy.

Sorry, I don't think they would actually ask you to recite the alphabet backwards. Most people can't do that.

Now counting numbers backwards, that is more of a fair test.

I always wanted to know if it is possible to prepare for an intoxication test.

mr pink

those tests r designed to be so vague as crap. it makes it easier for an officer to make an arrest. ive heard that the series of small steps u take to turn in the line test is almost impossible to do perfectly and almost everybody gets a point for test. but i think i passed the one test that might matter, in the police report the cop said he saw no clues of intoxication when he did the finger test where they look for eye oscillation, and i know if im high my eyes wudda been bobbin up and down.

mr pink

o and virus i guess im kinda lucky, i live in georgia and we do have pretty strict mj laws, however in my case i do have help there is a supreme court case here that ruled that failing a urinalysis test or failing a blood based drug test does not prove actual intoxication at time of arrest.

Virus356

well then it should be pretty easy to get that DUI charge dropped

i on the other hand live in Utah, where the mormon zealots have made it $492 for an underage drinking/possession ticket and $1000 + (possibly) loss of license, + (possibly) jailtime for marijuana possession.