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Phyxius

So... I found myself caught in a DWI checkpoint after having smoked out my car. Yeah, oops. I didnt figure out it was a checkpoint until I couldnt get out of it though. They smelled it, had me pull into the parking lot, searched my car (he didnt give me a choice, but later he said I gave consent - bull), found my less than an oz and chillum. I called my mom (it's actually her car - I'll be 19 next week, I go to a university and am home for the summer) who came and got her car and me. She knows I smoke and doesnt care so that wasnt really a big deal. I got two citations - one for possession and one for paraphernalia. The officer said he believed I was driving under the influence but let me off for it. My record has been clean besides a speeding ticket last year. Now I have to go to court and probably do community service and/or probation and a fine. Oh yeah, all this is in New Mexico, btw.

Nothing too serious, I'm not too upset by it, I've never planned on getting a federal job anyway so I dont even care. I almost kind of even like having that on my record. I'm now officially one of the victims of the drug war.

That was Friday (the 13th), and I've stopped smoking, mostly just so I can tell the judge honestly I've been clean since. After a week I'm going to take a home drug test and see if I piss clean (I'm a heavy smoker) - I've heard of and know people that piss clean because their bodies are used to cleaning it out - I dont know, I'll be perusing this site for more info on that. So anyway, I'll play their game, piss clean for however long I have to. I dont mind quitting for a while. Just until they get off my back then I'll live my life like I used to. But I do have a few questions:

If I'm in a potsmoke filled room (not too dense, but, y'know, normal) everyday, will that have a significant effect on my piss?

What's the difference between pleading guilty and no contest?

 

troublemaker_42

guilty-just that- you committed the crime and admit to it
no contest- you don't admit guilt, but you don't fight the charges either....kind of a "no plea" actually

As for the consent, its irrelavent. They smelled pot, giving the PC to search regardless if consent is given or not

As for the smokey room, it shouldnt have a major effect. Most tests have a cutoff point of I believe 50Ng, which gives a margin of error for those that have been exposed to cannabis smoke, but haven't directly smoked themselves

Phyxius

About the consent, yeah, I know. That's why I didnt try to stop him. I knew it smelled in there and figured that was PC enough. It's still bull that he said I gave consent when I didnt, especially since I didnt need to.

Cool, thanks

quartz

I'm a little fuzzy on this "crime" thing.

What is criminal about having or consuming a mild intoxicant that happens to be a naturally occurring plant?

Were you bothering anyone or harming anyone else's rights? NO-oooooooo!

Remember - you are in the company of some pretty elite persons - short list:

Al Gore's son

George W. Bush

Ed Rosenthal

Bob Denver

Those are just a few that admit it.

Wishing you the best and wear the "badge" of CONISEURE OF FINE CANNABIS proudly!

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A person should be judged by their actions, not by the cannabinoids that might be found in their urine.

Buzzby

The Feds aren't the only ones who discriminate against people with a drug conviction on their record. Most large employers, given the choice between a candidate with a record and one without, will choose the one without.

I took a possession bust in 1970. After I was off probation I had my record expunged. This year I applied for a concealed carry license. I was denied because of a 35-year-old expunged misdemeanor marijuana possession conviction.

Having a drug conviction on your record is no laughing matter.

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passdabowl

Plus, while that misdemeanor has been expunged, it may still be used against you on a subsequent bust and conviction - at least in this state it can.

Happened to my son. His second MJ possession bust became a felony, automatic after a misdemeanor conviction for possession. Only way to keep it a misdemeanor was if he set someone up on a buy, which he wouldn't and didn't do. If he stays clean for 3 years after his felony probation period, the felony gets expunged. However, same **** applies. If he got busted 10 years from now on a possession charge, that felony can be used against him at sentencing time.

Not a laughing matter IMHO.

Phyxius

Yeah, I do know it's serious. I'm not really as flippant about it as I made it sound. I was absolutely distraught when it happened, then I wrote this post and I suppose I tried to overcompensate.

I've talked to a lawyer, and got some advice. In trying to get this off my record, there's two choices: one, which usually happens, is a deferred sentence which involves a guilty plea and goes on your record anyway even if they say it's expunged (similar to what happened to you, buzzby?). The other is a conditional discharge which involves no adjudication. Not sure exactly the specifics on what it does involve, but from what I hear, the judge I'll be seeing is pretty easygoing, so hopefully he'll be nice. I'm going to court tomorrow morning, so we'll see what happens.

Phyxius

Update:

I went to court, he asked what I wanted to plead, I said "can i ask you some questions first?" and asked about a deferred sentence. He said he'll have to take a look at my record and talk to the cop first. Set a date a week later (this Wednesday) for a "pre-trial conference" and the judge put down "no plea" - this is important, if you plead guilty, it'll most likely be on your record even if they say it's expunged. At the pretrial conference, from what I understand, I'll meet with the cop, hopefully set up some sort of probation or community service, then the cop and the judge will talk, and a decision will be made. Cross your fingers for me!

Phyxius

I have a question:

At this pretrial conference thing tomorrow, how likely is it that they'll ask for a pee sample? Or how soon after? The cop and the judge will be determining whether or not I get a deferred sentence, and would they use that as evidence one way or another? I doubt I'd pass it, because it's only been 3 weeks since I was busted, and I've smoked since then, but it's not long enough ago even if I hadn't. Could I get in trouble if they find out I won't pass?

WNB

Since you don't have a lawyer, it's hard to say. If they ask for a sample say you'll fail because it's been 3 weeks since you smoked. Simple as that.

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