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Pleading not guilty-DUI marijuana


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#1
sweetlou

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So heres the story....


I went to a party. Me and a couple of my buddies were smokin and chillin. The party got louder and was getting really stupid. well sure enough it got busted. Good thing i dont drink because they breathalized me. i blew zeros and started to drive home. Now its been about 2 hours since i smoked. plus running from the cops. (because i had bud).


Thats not the story though sorry.

me and my friend go home after trying to find out where he ran off to.
So i turn into this street and do a rolling stop. Not knowingly, a police sees me. He pulls me over 4 blocks away. He tells me if i have my drivers license and i give it to him. He tells me that i ran a stop sign. I tell him really? i didnt realize that. he tells me to step out of the car and i do. he asks when the last time ive been smoking marijuana. I tell him i havent and he freaks out and says that im insulting his knowledge by saying i havent and that the car smells like pot. I tell him i havent again and he waits for another patrol car to come. he gives me a sobriety test and tells me to do the foot thing for about 30 seconds. i say okay. so i do it with confidence im not going to fail. so i begin and out loud say the numbers slowly. i get to about 27 seconds when my foot goes down. i got again to 30 like he told me to. i do the walk the traight line and go back confidently because i did really good. he tells me i failed BOTH and i give him a breathalize test as well. i blow zeros. he tells me im under arrest for DUI and throws me in the car.


My friend gets charged with drug para (scale) and marijuana possesion under 1.5 grams. They right him a ticket and let him go. Me on the other hand they take me to a hospital and tell me to do a blood test. they said that its a crime if i dont. i say okay and give him one. I get booked and i bail out.


Do you think i have a chance pleading not guilty? I was thinking about requesting the police footage of the cop car that pulled me over. Im on probation so i think im fucked.


feeeeedback

#2
David5534

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Sounds like you fucked your self over by giving them the blood test...

#3
sweetlou

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i wouldve been charged with dui if i wouldnt have.

#4
Goldmine

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#5
doublewhopper

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same exact thing happened to me about a year ago. definately plead not guilty(always plead not guilty..duh) i got i reduced to neglegent driving. still got 2 years probation went to jail, plus i have to do drug and alcohol treatment which is costing me hella money. it blows man ur pretty much fucked even if it gets dropped (which it probly wont cause of the blood test and there is no way of proving u werent high) you still have to pay for the feild breathalizer test($100 or so) blood test($50+) and you have to "compensate" the officer who pulled u over(like $250 for me, fucking bullshit) plus court fees. uve got yourself in an exspensive situation there. it cost me over $5000 that im still paying off. plus youll probly get ur liscense suspended.

#6
Goldmine

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#7
doublewhopper

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ohh youll more then likely have to go to a drug and alcohol treatment center to et evaluated which cost about 75 bucks. and if they DONT find that u have any alc or drug abuse problems you still have to do an all day class wich is like 75 or 100 bucks

#8
David5534

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i wouldve been charged with dui if i wouldnt have.

If you didn't give them the test they would have no way to prove you did anything and it would have been way easier to get thrown out of court.

#9
frankincense

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never consent to anything with the cops. u jus basically gave them the dui case. u have the right to not answer any questions without a lawyer present. u dont have to to say 'no' to the test, but u also dont have to say 'yes'. the only way they can make u is with a court order. sorry dude, it sucks.

#10
doublewhopper

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sorry about that wall of text im just venting. im still hella pissed about it. its just a shitty situation thats gonna definately cost u some bills no matter what the outcome of your trial is

#11
doublewhopper

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If you didn't give them the test they would have no way to prove you did anything and it would have been way easier to get thrown out of court.


but if u refuse to take the test then your license is automatically suspended for like a year

#12
yogertslinger84

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Blood test only proves you do smoke marijuana. not that you were high when arrested for DUI.

unless they can prove you were high (which they cant) unless at some point you told them you had been smoking that night, I cant see how they have a leg to stand on.

Edited by yogertslinger84, 03 April 2010 - 11:26 PM.


#13
deadhead4-2-0

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could b worse man you did the right thing pleading not guilty always plead not guilty if you plead guilty they will be more likely to give you the harshest possible sentence

#14
sweetlou

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Fuuuuuuck im really starting to regret giving them this blood test.

i wouldnt have done it if the cop told me if i didnt i would be charged with it. he said it was just like failing to provide a breathalizer.

#15
Goldmine

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#16
yogertslinger84

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thats not what ive got here

Marijuana Drug Test Detection Time




but if op said 2 hours then maybe hes fine



but still according to your chart, a blood test for regular use still says 2-7 days. so it could have been yesterday or last week.

#17
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#18
Bluebonic

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That blows dude. Over here in Cali, if you refuse to take sobriety tests, they automatically charge you with a DUI. Just plead not guilty and hope that your lawyer can express that you weren't blown while you were driving. Hopefully the judge will understand that the tests only determine if you have been smoking. Good luck dude.

#19
LegitBaller

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