Food and Drug Administration (FDA) Disclosure:

The statements in this forum have not been evaluated by the Food and Drug Administration and are generated by non-professional writers. Any products described are not intended to diagnose, treat, cure, or prevent any disease.

Website Disclosure:

This forum contains general information about diet, health and nutrition. The information is not advice and is not a substitute for advice from a healthcare professional.

Arguing a ticket.

Discussion in 'Seasoned Marijuana Users' started by ghandi., Jun 10, 2008.

Page 1 of 2
  1. #1 ghandi., Jun 10, 2008
    Okay, so here's the story:

    About 3 weeks ago, I was at a party, had 6 tall boys and a couple shots of jager, so i was feeling pretty drunk. I was still able to walk and talk alright, so it wasn't like I was hammered. Anyways, we peace from the party, and go to a baseball diamond to smoke out of my buddies pipe. We're sitting there smoking when 2 cops come up and ask if we're smoking pot. None of us really reply. My friend was sitting down holding a pipe, and the cop noticed it, and said he bets there's resin in it. He doesn't take the pipe. He asks us all our names, and we all give them our names. He asks us all to empty our pockets, and I had my bag on me. I simply said to the cop, I don't consent to a search. He then says it doesn't matter, and starts to walk toward me. I took a couple steps back, and he grabbed me and thew me to the ground. The one cop sat on top of me and took off my bag, and put me in handcuffs.

    The second cop proceeded to go through my bag, and he found a grinder, some papers, and my wallet with id. Nothing else was found on my person. They asked me some questions, I can't remember what they answered, but I just didn't reply to any of their answers, and at one point told them I'd like to remain silent. They began to walk me to their car, and sat me in the back. They talked for a minute, and the other cop put the bag in his car (there were two cars). The cop who drove my car said they wrote me a ticket for underage drinking (I'm 18, drinking age is 19). There was no alcohol on me, they didn't breathalize me, or give me a sobriety test. He asked if the address was my parents house, and I said yes. He said they would drive me home. I told them I could walk, as I lived about a 5 minute walk from there, and I was 18 so it wasn't their responsibility. He said no, and drove me home. We went to the door, my dad answered, and they tried to tell him that they caught me smoking reefer and with paraphernalia. They may have mentioned that I had been drinking, but I didn't notice, and didn't care.

    My parents didn't care at all.

    I was fined $130 for "Person under 19 consuming liquor".


    Most people I have spoken to tell me I could fight that, so I'm here to ask if that's the case, and if so, what is the best way about fighting it?


    I live in Ontario, Canada, and I didn't consent to the search because I had just under an ounce, a scale, and some dime bags in my bag. They were in somewhat secret pockets, and went unnoticed by the stupid fucking pigs.

    Thanks for any help. I plan to go in tomorrow to set a court date or whatever.
     
  2. #2 Extracurricular, Jun 10, 2008
    show up for court and speak to a lawyer. you could fight that easily.
     
  3. #3 Reaction, Jun 10, 2008
    Just pay the fine man... You got off way easy.

    You broke the law, and you smoked in a public place you dumb ass. You deserve what you got and plenty more.
     
  4. #4 amsterdamage, Jun 10, 2008
    no man, you did good. You kept your head when you were drunk and intimidated by the cops. Good job!

    Talk to a lawyer. Since they didn't charge you for the weed it's not an issue.
    A lawyer would know if they can do you for drinking without attempting to prove that you had actually been drinking. Maybe they can???


    GL man!!
     
  5. #5 ISmokeRock, Jun 10, 2008
    Well you made two mistakes really. First, you were smoking in public in plain view. Never a good idea, always be a moving target if you are smoking in public view, even at night.

    Second, I think you should have been more courteous and respectful to the police, they are just doing their job and it didn't sound like they were doing anything to be dicks on purpose. You should not have come out with the no consent act, that only really works if you are in your car and they pull you over. Cops can legally search your person as a "weapons search" and don't need your consent because it is for their safety, so they can search your pockets, pat you down, etc.

    Backing away from a police officer walking towards you is probably the worst thing you could have done in that situation. Not only does it make you look guilty, it makes you look like you are a criminal who is about to run because they have nothing to lose, something cops really don't want to deal with, because those are the most dangerous type of people, which is why I think they took you down and cuffed you right away.

    Take away this whole ordeal as a learning experience and never forget how to assert your rights the correct way and to be composed and confident no matter what an authority figure says or does to try to intimidate you. Good luck with fighting the charges.
     
  6. #6 amsterdamage, Jun 11, 2008
    in my opinion you should never consent to a search

    Not consenting to a search should be something you do just because it's your right, it should not be seen as a sign that you have something to hide.



    Make the cops work hard to find nothing!
     
  7. #7 farmerfunk, Jun 11, 2008
    ya u did the right thing if u know you could be fucked just shut up and dont consent. i dont know about canadian court but in US they have to have sample of your alleged alcohol with a toxicologist to verify it and/or a breathalyzer BAC report.. ive fought the same thing before but i promise u'll pay more than 130 in lawyer fees (i paid 750 because if found guilty my state passed a new law which made it as bad as getting a DUI wtf). anyway if you can just pay the ticket and nothing goes on ur record i'd do it.. good luck
     
  8. #8 Reggin, Jun 11, 2008
    You're trying to fight that? Man, if you would have done that here you would have been screwed. Just pay the ticket and move on.

    It's only a fine. Why waste all of that money trying to fight it...just...pay the fine and move on.
     
  9. #9 aza, Jun 11, 2008
    Guaranteed it will cost more than the $130 ticket to fight the charge.
     
  10. #10 ghandi., Jun 11, 2008
    My main beef with paying the ticket, is that I've always believed in innocent until proven guilty... They really didn't have any evidence of my guilt, so I think I should be deemed innocent and not have to pay the charge.

    I was there with 5 other people, all as drunk as me, and they had to pay nothing. I got it because I actually decided to flex my rights as a citizen. I think it was pretty important that I did say it, as I think it would be pretty stupid of me to just consent hand over a bag with an ounce and a scale to be searched. If they found anything, wouldn't my non-consent save my ass?

    I know it was dumb to step back, by the way. But aside from that, I don't think I did anything wrong or disrepectful.
     
  11. #11 SoCalToker, Jun 11, 2008
    Wow, you got off easy. I'm jealous of you Canadians, lol. Just pay the fine and consider this a lesson. Be smarter next time.
     
  12. #12 Mustard Tiger, Jun 11, 2008
    fight the ticket, you don't need a laywer you can do it by youself. go and make an appointment to the person that comes before the judge (I forget the name, kinda like a prosecuter fuck whats it called) and explain that your a university student, you don't have money to afford the ticket on top of your costs and that you've never had a run in with the police before. They'll most likely reduce the ticket by more than 50% or might just tear it up. It doesn't hurt to try and the worst thing that could happen is that you end up having to go to court to fight it, and if the cop doesn't show your let off. I know a couple of people who have done this for underage and public drinking.
     
  13. #13 ghandi., Jun 11, 2008
    Yeah that's what I'll be doing. I went and filed for a court date just now, so at least I know I can hold off paying until this fall. And I do believe I'll get off without paying the ticket. And it wouldn't surprise at all me if the cop didn't even show up for the court date.

    A lot of you need to realize, it's actually so laid back up here in Canada. I can't smoke at my house, and I don't have a car, so I'm always smoking outside. I can walk down my street on my way to school smoking a pipe, and never have any issues.
     
  14. #14 20fan, Jun 11, 2008
    You still got off easy. Where you are wrong on the refusing the search, is that once a criminal act has been established, your right to consent is no more. They found the pipe, you are under age, and they probably smelled alcohol on you, therefore a crime was committed. They can then throw you on the ground if you start to move away from them. It became a criminal investigation, giving them the right to detain you, and search you.

    There are good cops and bad cops. It honestly sounds like these were a couple of good ones. It could have been much worse. If you would have just played the game, you wouldn't have gotten the ticket. Maybe they aren't stupid fucking pigs, maybe they found your stash, but just left it alone so you wouldn't get more charges. They gave you a break, and you are on here flaming them. You should have thanked them.


    But YES, go to court and try for a reduction in the fine, or hope they just throw it out.
     
  15. #15 IWubMarijuana, Jun 11, 2008
    Good to see there's cops all around the world punishing evil pot smokers.

    ... Not ~_~

    Shame. If it's not a big deal, I'd hire a lawyer and fight it, especially since they were physical with you AND didn't breathalyser you.
     
  16. #16 20fan, Jun 11, 2008
    They didn't bust him for the pot. They only gave him a ticket for illegal consumption. If you are underage, 1 sip of alcohol is illegal. They do not have to breathalize you if you are underage, they just have to smell it on you.

    He admits that he was the only 1 that wasn't compliant. The others had weed, and were drinking also, yet they were not ticketed, or handcuffed, or roughed up. If the cops were looking to bust people for weed, don't you think they would have arrested all of them? They only tackled him when he tried to move away from them. They do not need consent if they have probable cause. The moment they saw the pipe, it became a criminal investigation, and they had probable cause.

    If the cops were truly dicks, they could have charged him with harsher offenses. Obstruction of Justice (a felony in the states), and possession with intent could have easily been added to the drinking ticket. He got $130 ticket. There are some areas in the states where he'd be looking at prison time for that incident. He got off easy. This thread should have been more about how lucky he was.

    Why do people always blame the cops for their own stupidity? They break the law, get caught, and then blame the law. How about taking responsibility for one's own actions? It's illegal, get over it. Don't get caught. Don't put yourself in situations where you could be caught. I've been smoking over 25 years, and I have never once been busted. They were smoking on the baseball diamond, what did they expect. Find somewhere a little more secluded next time.
     
  17. #17 jaycee_, Jun 11, 2008
    Talk to a lawyer and see what happens I think you could appeal
     
  18. #18 ghandi., Jun 11, 2008
    I could be in prison for that? Haha that's fucked up.

    Canada is clearly not the same I guess.
     
  19. #19 INS the Rebel, Jun 11, 2008
    hire the best lawyer you can afford and do exactly what he tells you.
     
  20. #20 MCJewcy, Jun 12, 2008
    Yeah, you'd only be in the jail for a night or whatever until you got bailed. Then you would have possession charges and then they'd probably cuff the rest of the guys, then tow your car then check it because if they tow anything they have the right to "search" it for your belongings and then they'd probably find the scale in bags and then you'd be facing intent to sell charges and that's jail time right there. Then plenty of probation and piss tests.

    I've seen it happen to many friends. :[
     
Page 1 of 2

Share This Page