Cannabis DUI

[BDubz26062]

It was last Friday, I was driving around with a friend of mine around 4:00 and smoked a blunt. 7:30 rolls around, we left to go meet a couple people. I ment to stop to pick up cigs at the store so i busted a u-turn. I was then pulled over the police. i wasnt even afraid cause i wasnt "high" nor had anything on me.. Well just my luck my friend was arrested for possession of .5 gram of weed he didnt even know he had in his pocket and i was arrested to D.U.I. My car was impounded and i went to jail for the night. Then i was taken to the hospital by the police. (and i felt stupid cause i had to wear hancuffs all around the E.R) and they told me if i smoked weed with in the past 28 days that i will still dui. Is that true? i didnt feel one bit under the influ. the police dept. told me any messurable amount of drugs in your system in dui. so i guess im guilty? It was in Pennsylvania so i guess their laws are more strict there or something? i had to pay 300 dollors to get my car back and also the k-9 drug dogs got mud and dirt all over the inside of my car, not including the scratches they left. (no drugs were found). I was never read my rights when i was arrested and i never got a phone call...the only time i was offered the phone was to "help them find drugs" they wanted me to call people to see if they would bring tones of weed to sell to me...i told the cops to kiss my ass

[halo]

that sucks dude.

[BDubz26062]

i wasnt high and i dont even drink at all...thats what sucks

[lemonboy]

The DUID (driving under the influence of drugs) laws I've seen have been pretty horrible. Most of them basically say if you have any measurable quantity of drugs in your system you are indeed under the influence. NORML (http://www.norml.org) recently updated their site with DUID information so just go there and click your state. These laws are new for the most part and, as should be obvious, go way overboard so you should have some wiggle room with an attorney.

[yoda]

well if YOU were arrested, you could get off since you werent read your rights

[Mingles]

Not normally one to critisize people on here, but as a rule, I never smoke and drive anywhere. Basically you're just asking for it.

Not trying to be an ass, but how many times have you heard of people busted in their homes as opposed to the number of people who were out riding around?

Again, it really sucks that the laws in place in todays society allow this type of BS to happen, but if you know the law is against us, why put yourself right out in front of it?

Sorry man.

[sevkex]

you werent read your rights - get a lawyer and go to the judge and tell him that, your case will be thrown out.

and a piss test doesnt even make sense for things like that, they should be taking a blood test to see if u were high at the time, not a piss test

[BigHomie]

Why did they search you, your friend and your car in the first place? Did they give you a reason? Did they ask you if they could?

"they didn't read me my rights" is not going to work. It's messed up... but it comes down to your word against theirs.

[sevkex]

yea i guess if you gave consent its your own fault you got the dui, can't really change that

[imagoober]

man get a lawyer! first you were pulled over for a illeagal u-turn, thats not probable cause! you should never give consent but you were clean and had nothing on you! i think with a lawyer you can get the case throw out, save you money your licence and drug classes shit might be your impound fee back(not likly), dont roll over for them fight back!

[Great Spirit]

Wow that sucks man. if you're going to drive with anything on you, take special precautions. It's best just to stay home and watch a movie when you're high. Also since cannabis is a "controlled substance", which it really isn't, there are no legal guidelines or limits for them to say that you were intoxicated on cannabis, as they can do with alcohol with a breathalizer. But remember these things when you get pulled over or are in any situation with a cop.

- Be calm and respectful always to the cop. It will reduce his anxiety level on you so he knows your both cool.
- Know your rights. Never consent to a search. Simply tell him that you wish to uphold your 4th Amendment right and do not consent to a search of you or you're belongings without a warrant...period!! Thats how most people get busted because they do not know their rights. When cops know that you know your legal rights, they will be way more cautious. If he gives you a hard time which they usually do, just say "I wish to remain silent and will not speak without a lawyer present from here on". Remember this is your right!! Don't be intimidated by a cop no matter how much authority he has. They know they really can't touch you if you do not consent to a search. The Constitution is the Supreme Law of the Land.

[taytay]

i think you can get out of this one. it doesn't matter that they didn't read you your rights they only do tht on t.v , ive been arrested 3 times and never heard anything about my rights from the cops. call normal ask them for advise. you weren't high and you didn't have any weed, why did they pull you over and search, it sounds like unlawful search and stuff. tell them you got high at a party 4 days ago to explain thc in blood but i bet prosocution will will drop the case. lol

[orangeman]

Your are a living testimony to actually prove what police are like behind cameras. Fuck what you see on "Cops" they only act the way they do because they know it'll be broadcasted, BDubz26062 is explaining what police are really like, which are assholes :mad:. Sorry about the money spent and the d.u.i. and crap.

[del...]

but it doesn't matter whether you smoked while driving or not with the way most of these laws are written. as the cop said, if you smoked within the last 28 days...and that's how the courts see it because that's how the law is written. we must fight it every chance we get. i got the same thing a year ago and still fighting it as the court seems to realize what they're up against and keeps rescheduling the date...next one is set for 4/12 but they'll most likely end things there as the nurse used to draw blood is nowhere to be found and other drugs were found in the testing process that i never do or have done (valium and barbituates of all things!) yet morphine, which i take daily was not found...so go figure. so something's fucked up in their lab and/or testing process so you really need to get a lawyer specializing in dui. they are usually cheaper than most and well worth every penny. and you'll need one to get your blood retested by a private lab and for researching the lab and its employees...access to personal and corporate info the general public doesn't have. the not being read the rights thing may sound good on tv but real life is different. get a lawyer...

[horror business]

Guys, speaking on this subject, it made me remember one of my questions. Well, I had always thought that without a warrant, or your consent, they can't search you because of your 4th ammendment right... you just say you don't consent and they legally can't do anything, but my friend is saying that the "PATRIOT ACT" overthrows the 4th ammendment right. Is this true? Cause if so, that fucking sucks.

[imagoober]

About that "if you smoked within the last 28 days..." im betting thats all bs! just a lie. cops do it all the time it happenend to me during my dui like 5 times, there not suposed to do it but its there word against yours, and there going to win everytime! since thats probably not the law (witch you need to check and see) it wont matter he just scared you, while trying to get you to admit guilt, like i said before, get a laywer!

[pogmoasal1]

wait isent if its under a specified amount they just take it away?
and i thought you can be arrested for being high just if you have something on you? like a roach siting in your ash try.
and cant cops search your car and your persons witht probable cause? i mean like were the guts from the blunt theree or like a biggie or a stem.
i dont really know ive never been arrested and am not planing on it. and the only person i know from PA was arrested for drunk driving. so yea

[BDubz26062]

i never gave a consent to a search...i was never asked...the brought the k-9 dog and walked it around my car "if it barks that gives us probable cause to search" i think they pinched the dog on the ass to make it bark. but no weed was found on me or in my car. and as i said i wasnt high at the time i was driving.. but my eyes were red from sleeping in my contacts...but oh well it just sucks

[cjh3387]

All the cop has to do is say he thinks he smells weed and that is considered proable cause. 3 days ago a narcotics cop came to my dorm room and said there was a report of weed in my room and was trying to scare me into handing it over. I lied and said I didn't have anything and he said he was going to look around but I told him he wasn't allowed without probable cause. So he had to go down to his car and get the K-9 but while he was gone it gave me time to throw my shit out the window. Pretty smooth. He didn't find a thing except for a digiscale but it had no residue on it so he couldn't do shit.