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law420

You shouldnt have agreed to anything without consulting counsel first. Taking the urine test was a big mistake, especially if you knew you ahd smoked marijuana. If you ahd a job making 35-40 grand then I dont see why you couldnt have hired an attorney. SOunds like penny wise dollar foolish to me.

 

dedbr

law 420.....



Someone that agrees with me? About the law?


Thanks Bud! We'll form a quorum......


Somewhere in Ded Land.....

__________________
"Two roads divereged in a wood- and I, I took the ono less traveled by- and it has made all the difference.......Robert Frost

No law or ordinance is mightier than understanding.
Plato


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pimpskillet

ok... put that in the real world buddy, its 6 am i need to be 45 miles away in less than an hour being it was a NEW job, i do electrical work, i get laid off a lot, was pretty broke, and being the first day, my main concern was getting there on time. I have a 6 year old who needs money from his daddy who's away in another state. Nothing foolish about this, I know what my rights were, and yea I bent the rules on what I should have said , and should have done, but my mistake was talking to that cop like he was a fellow human. This shit isnt over, I got a better job now, and plenty of resources to execute this shit. Hell I'm the son of a Military Commander, been on a fire department, built the hospitals around here, know the police in this area quite well actually. But this dickhead in the district to the west of here has his time coming. I just realize that this time it will take a little more $$, and a little more time, but I'm not done yet. Too bad I wasnt black or I woulda had the reverand stop out.. lol At any rate, I'll post an update if you guys are still around after this happens. His prob. cause being that tobbacco pipe, all nice and full of tobbacco does not constitute being paraphanelia as per Indiana Code, therefore his right to even ASK me to ANY search of my truck or person were out of question and a violation of my civil rights, Its my story and I'm stickin to it. I had an asshole cop who was picked on, and beat up in highschool, try to change my insurance rates for the next 10 years, and steal my paychecks from me? I dont think so. And the fact that I didnt get councel for it off the bat? Indiana code says ANY crime that could impose jail time.... nothing about except dui's wtf is that?! come on now... i went to 9 pre trials.... seem a lil weird? yea cause i wasnt going to bargan.. but after learning my liscence is suspended until the trial is over, wtf?! do i sell my truck to get an attorney, kinda defeats the purpose of having a liscence in the first place. So you sign something so you can get back to work so your ex wife will let you see your first born son again. its all about what really matters to you in life, and at that time after it being a few months, i just wanted to see my son again basically.... And all in all in the end, i'm labeled as a drunk. Pisses me off to no end, because thats not who i am, not even close. Im far from done with this, just putting papers and whatnot together now, hell i might even drop a dime to the NAACP, they like those sorta things with civil rights and all... Thats my rant, take it or leave, love it or hate it, its what it is. Im outta here...

Niteshift

His prob. cause being that tobbacco pipe, all nice and full of tobbacco does not constitute being paraphanelia as per Indiana Code, therefore his right to even ASK me to ANY search of my truck or person were out of question and a violation of my civil rights,

I hate to tell you, but you are very wrong about that.

The officer doesn't have to have ANY reason to ASK you for a search. That's why he is using the consent search to begin with. If he had probable cause, he wouldn't need your consent at all.

ANY officer can walk up to ANY person at ANY time and ASK to search them.

He is ASKING. You can say no. He doesn't need a reason to ASK. Get it?

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

pimpskillet

I completely understand that, but to say he has a reason to search me, my body, my fluids, blah blah blah, he did NOT. In Indiana, if he TELLS ME, he thinks im intoxicated, then asks to search my piss, and I say no, then its instant liscence suspension, and then some. So how in the hell is that normal, fair or just. Your saying if he thinks anyone is not 'normal', then forces them into that situation, then what? Even if I was A-O.K. that day I would have said no way because I have to get to work, then i lose my liscence, then my job. wtf is so hard to understand here? I didnt do a god damn thing, and got the shaft, and you all tell me to deal with it. I guess my answer to your question is NO, I do NOT get it

 

Niteshift

In Indiana, if he TELLS ME, he thinks im intoxicated, then asks to search my piss, and I say no, then its instant liscence suspension, and then some. So how in the hell is that normal, fair or just.

It's that way in most states. You signed the implied consent agreement when you accept the drivers license. When you refuse, you are voiding your contract with the state and there is a penalty for doing that.

Step away from this as a drug issue and look at it from a DUI standpoint.

Say you're drunk and driving. You are swerving and I stop you. I ask you to take the field sobriety tests and you say no. Then I ask you to give a breath test and you refuse. What then? I just let you go? When I get to court, I'll have no proof you were driving drunk except to say you were swerving and you will lie and say there was a bug biting you or you were scratching your butt and that's why you were swerving. You walk away and go drive drunk again. And again. And again.

Then there is implied consent. Driving is not a right, it is a privilege. When you accept the drivers license, you agree to submit to breath/blood/urine testing if you are suspected of driving under the influence of alcohol or drugs. You further agree that you understand that if you refuse, your license will be suspended. You know this (or should) and if you don't agree to it, you simply don't drive.

People driving under the influence are dangerous. The implied consent laws counter what many drunk drivers would use to get out of charges. The laws were passed primarily with alcohol in mind because that is what most drunk drivers are under the influence of.

Don't make this sound like it was designed for pot smokers. And don't make your urine sound like some holy shrine. It's WASTE from your body. Your friggin body doesn't even want it.

I guess my answer to your question is NO, I do NOT get it

I was addressing your single (incorrect) comment about the officer needing a reason to search you.

dedbr

Which in my opinion is un-constitutional because it is limiting our freedom to travel. There should be no "License" at all.




But, by not agreeing, the charge must be reduced. Two DUI's in OHIO are a Felony, which can result in time in a penitentiary! If I am going to loose my license for smoking herb, I'd rather be walking around outside, than inside with the mean sumbitches.....



There ya go.....



Somewhere in Ded Land......

Niteshift

Which in my opinion is un-constitutional because it is limiting our freedom to travel. There should be no "License" at all.

You're free to travel all you want without a license. You can get in a taxi without a license, walk without one, ride with a driend, ride a bicycle, take a bus. Travel away my friend.

But when you OPERATE the vehicle, you become subject to many laws and regulations. The OPERATOR is in control of a dangerous piece of machinery that has the potential to easily hurt a lot of others and cause a lot of damage. Since you have no actual right to drive, the activity can, and should be, regulated.

pimpskillet

Say you're drunk and driving. You are swerving and I stop you. I ask you to take the field sobriety tests and you say no. Then I ask you to give a breath test and you refuse.


^^ Thats my point tho somewhat, I did take the field sobriety test, and it was fine, even said so in his report. Trust me I respect officers, and was being honest and polite with him the whole time. I really dont know what to do at this point. And the job i thought I had ....

Eric,

Again, I am sorry that we are unable to hire you. The requirements from our insurance company are listed below and this is company policy.

In order to insure someone they should not have:

1. More than 3 MINOR offenses (speeding less than 25 mph, failure to yield, etc.) in the past 3 years

AND

2. No MAJOR offenses in the past 5 years (DUI, operating per se, chemical test failure, over 25 mph speeding, felony charges ex: negligent homicide, vehicular manslaughter, hit and run, etc.)

So because of that, I cant get my nice new job. I'm pretty pissed off today over it, and it seems like I'm being kept from good jobs because of it. I've contacted the procesecutors office, and they dont know what happens to evidence... lol funny huh, she didnt even have the number to the local state police post.. uhhh b/s anyone ? Now I'm waiting back from a commanding officer at that post to call me back and let me know whats up... I'll keep you updated... even tho the criminal trial is over, i see no reason why I cannot go after that officer, possibly the post, and or the court for civil damages resulting from this. I know it would be hard to prove, but once again I cannot provide for my family and live a normal life.

dedbr

I feel for ya, I really do, but listen to the dedbr for a minute, OK?

You can't beat the DUI. You were dirty. The test proves it. Of course your being punished work wise because of it, but you know what, that's part of being convicted of Operating a Motor Vehicle while under the Influence of Drugs, pimpskillet.

And nothings going to change that. Nothing.


I don't know for sure, but it might be a felony charge if you are caught in Indiana again....

A first degree misdemeanor is a serious charge, skillet, especially an OVI...


Somewhere in Ded Land......