Marijuana DUI?

Discussion in 'Marijuana News' started by LiftedSuperman, Oct 1, 2014.

  1. I wanted to reach out to a cannabis community to ask for help...
     
    Recently I was wrongfully charged for a DUI for Marijuana and I wish to fight the case but a lawyer is far too pricey. This would be my second DUI and was told that I could be facing some jail time if I lost this case. I am a medical marijuana user and need help to hire one for my case. If any would like to help donate to help keep me out of jail and rid of this BS case I would very much appreciate all the assistance.
     
    Any other information is located on the GoFundMe account I have set up
    http://www.gofundme.com/f3d34c
     
    It's not usually like me to ask for donations like this, but I believe I did nothing wrong and I know I would not be able to afford any of this shit

     
  2. I don't think anyone is going to donate to a complete stranger when you might use the money for anything...like a drug addiction
     
  3. You need a lawyer. That's not optional at this point, especially if you want to avoid jail time and keep your license. Most likely the cop is "trained" as a "drug recognition expert," and you're just asking to receive an epic ass fucking if you show up without a lawyer. With an attorney, you will have the benefit of a pre-arranged agreement with the prosecutor, and any decent lawyer will get the charge reduced to a moving violation. (You'll still bleed fines though. The court always gets its money.)
     
    Is this your second arrest or would it be your second conviction? The distinction matters, especially when it comes to your lawyer's efforts to get the charge reduced. Also keep in mind that medical marijuana approval -- if that is indeed your situation -- does not equal a legal blessing to drive while high.
     
    Sorry bud, but your fundraising efforts are not likely to produce results. I wish you luck, but there are thousands of new DWI/DUI cases every day. But trust me, you need a lawyer.
     
  4. What did u say to the arresting officer? Any acknowledgment of guilt? Public defenders are better than no lawyer at all. They caanot give DUI just for having pot in your system.
     
  5. #5 Nerd139, Oct 12, 2014
    Last edited by a moderator: Oct 12, 2014
    Did you fail a sobriety test? They cant say you were under the influence just based on it being in your system(unless the law in your state is written that way). The officer has to prove you were high when you were driving. As long as you didnt state you smoked right before driving just get a PD.
     
  6. Actually in many states, they can. They're called Per Se DUI laws.
     
  7. Cops do NOT have to "prove" the OP was high while driving. You guys are giving too much credit to the legal system in our country.
     
    An officer can claim the OP was impaired even if there was no weed or paraphernalia in the car at the time. Almost universally, cops will say you had bloodshot eyes, slurred speech, impaired cognitive function, delayed reaction times, and they can also claim your car smelled of marijuana. There is no way to contest that claim, it's just your word vs the officer's, and all that information will be in the paperwork received by the court clerk, the prosecutor, and your attorney. Unlike a DWI charge, a DUI-drugs charge does not have to be predicated on any blood test.
     
    If you're in a state where they "train" cops as "Drug Recognition Experts," the officer has expert status in the eyes of the court, and he serves as the arresting authority AND the most authoritative witness. Drug Recognition Experts can become certified with as few as 100 hours of training:
     
    http://www.decp.org/training/
     
    There's also the unstated goal of rushing cases through and generating revenue as quickly as possible. The courts do NOT want you to go to trial, and even in cases where drugs were found, they do NOT want your attorney to press for the alleged drugs to be lab-tested. (It can take weeks or months depending on your local laboratory backlog.) They will offer a "deal" first where you plead to a lesser crime and pay fines without ever getting to the point where they have to shoulder the burden of proof. This link, which advocates DRE for police and courts, says DRE "[p]rovides immediate investigative information without the need for extensive laboratory analysis as well as facilitation of case adjudication in the preliminary phase; field test may factor into obtaining an immediate plea agreement."
     
    http://www.nfstc.org/past-performance/field-investigation-drug-officer-fido/
     
    It's rare to see it put so bluntly and honestly, but keep in mind that the above link is written for police departments considering sending officers for training, not for the general public to read.
     
    In any case, it all boils down to the same thing -- OP, get yourself a decent lawyer. The short-term cost of an attorney will be far less than the long-term costs of getting around without a car, paying hugely increased insurance rates when you do finally get your license back, and all the other expenses that come with a conviction.
     
  8. I guess it depends on where you live. Just saw on the news this morning that in AZ if you have a MMJ card and are not impaired you can still be prosicuted if any trace of the drug is found in your system.
     
    http://www.kpho.com/story/26852854/medical-marijuana-users-not-immune-to-dui-prosecution
     
  9. Fuck this thread, Ima go set me up a gofundme account. Thanks for the heads up!
     
  10. Sorry, but I think if you're at the point of asking for lawyer money on a stoner forum, you're pretty much screwed.
     

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