Marijuana.com

troublemaker_42

Actually, smell does constitute PC in many cases, and driving while high is considered DUI in most states these days. Reeking of weed and operating a motor vehicle is a stupid gamble that could end in your arrest. Cops know what weed smells like, and blaming tyhe scent on external environmental factors when the smell is obviously (maybe not to you, but to the cop) coming from your car isn't going to fly. What you thought previously was wrong, and you should be thankful that being so misinformed hasn't caused you any problems yet. Refusing a search is smart, but if the cop smells weed or forms reasonable suspicion from the smell combined with other factors (like visine being visable, ashes in the ashtray yet no cig packs or secent of tobacco smoke, red eyes, lighters laying around, basically anything that could suggest you may have illegal drugs or be under the influence) the vehicle willbe searched, and iof you are driving, its quite possible you will be asked to perform sobriety tets or be evaluated by a DRE (drug recongnition expert....a cop who is trained to determine whether people are under the influence of illegal drugs). All in all, theeres a multitude of situations where reeking of weed, especially while in a car, can result in your vehicle being searched and you being charged for DUI or possession if anything is found during the search

__________________
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I'll stick to my guns, money, religion and freedom...you can keep the change

 

phuzz01

It is a BS threat, and I would never use it. Maybe charging someone with obstruction would fly in some other state, but it definitely wouldn't in mine.

troublemaker_42

Thanks Phuzz....Unfortunetly, I have a lot of first and second hand experiences in dealing with vehicle searches over the years, and this was a first for me. Glad to hear I was correct in my assumption.

$moKeDanK

i think the outcome was pretty good, your not paying the fine and your friend did not get a DUI. a DUI charge is pretty serious, he could have lost his license.

troublemaker_42

While I mioght take the fall for my best friend in such a case, I think it was incredibly immature of the owner not to claim responsibility. Why should someone's clean record be tarnished for somethig that wasn't his and that he had nothing to do with? Believe me, even a minor charge can have major effects on one's future, especially if its "drug-related". Being in Nebraska, I'm not sure the arrest would even show up since its only a petty offense, but just one state over (South Dakota) the arrest would have signifcant impact. A court appearence is required, and the mx (though few people ever get it) is a YEAR in jail and a $1000 fine. Even in the best case scenario, you'd be facing paraphenilia and possession charges, which, in my experience, equals a year of probation and nearly $700 in fines, in addition to a blemish on your permenent record, which can negatively affect one's emplyment possibilities, among other things. I'm just glad the OP didn't decide to be the fallguy elsewhere, as he would surely regret the choice.

 

heymanwhatsup

Oh I knew that I couldn't really get into that much trouble. It is a civil citiation the first time around. If I was in a state with tougher penalties, believe me, I wouldn't have not said anything. I would have spoken right up and told the officer it wasn't my stash and looked my friend dead in the eye and let him know to confess to it being his. My main reason for not saying anything was, I didn't want to incriminate myself or him incase either of us decieded we really needed/ wanted to fight the charges. His assumption was enough to incriminate me I guess.


I'll tell you what tho, I won't be riding with anyone that has a bag and I won't be taking shit with me anymore. I live on my own so I can just chief at home. Next time its a misdemeanor and I am not having that......

peace

Muggze

It seems like you have a good sense and will learn from it, it is smart to really drive only to transport your stash from point B back to home at Point A. Did your buddy ever apologize for not speaking up?

Darkflan

I hope hes paying all your fines and stuff. Although nothing can make up for a blemish on the permanent record.

__________________
"They say we fund al-aquada
sounds like the governments jealous
lets get the enemy stoned
bring our ninjas home
to hell with Christian zealots " -mc chris

heymanwhatsup

He has apologized and yes he will be paying all of the fines associated with all of this.


The only times I will have stash on me is after I go get it and than bring it back home.


Life goes on.



thanks for the replys fellas

peace

adam914

all I know is that smelling Marijuana means nothing. they can't charge you for anything unless your stoned or they see weed. they also aren't allowed to search the car unless they see it. I don't know about the whole dog thing, but you DO NOT have to let them search for anything. just say "I don't consent to a search officer." but the empty pipe was a smart move, because it gave them something to write up without getting you into any serious trouble. paraphanalia is a lot better of a charge than possession. you handled it pretty well.