Should I fight this DUI of marijuana case?
So I was parked in a neighborhood where parking is allowed. Me and my friend were smoking weed and I had a can of 4 loko but had only took a drink. We had smoked 2 grams before the police came and had the rest of our weed already rolled in a blunt. It had been about an hour since I smoked. I don’t have insurance. I complied with everything (gave them the blunt, told them about the alcohol, passed all the tests & w/ an alcohol content of .00, told them I had smoked an hour ago but felt fully aware and was obviously 100% the officer even said I appeared fully intact, told them I did not have insurance) I have an active license, an active tag, & it’s my first offense. They still arrested me for a dui and impounded my car (they did not give me the option of having someone get the car) and charged me with not having insurance & possession of marijuana 30 grams or under even though it was 1.5 grams already rolled. Is there anything I can do to help myself?
- ArimatthewdaviesLv 71 month ago
You can talk to a lawyer but you admitted tell the police officer that you had smoked marijuana. You were in a car in physical possession of the vehicle. However when you get to court and the lawyer. You might be able to beat the driving under the influence by telling them that you we're smoking and you had no intentions of driving because you were going to leave the car parked and go to a pizza party. You might end up getting charged with possession but you might end up getting out of the DUI
- davidmi711Lv 72 months ago
"possession of marijuana 30 grams or under even though it was 1.5 grams already rolled."
Well ##DS, 1.5 grams is under 30 grams. It does not matter if it is rolled in to a blunt or if you tried to iron it out in to a piece of paper. It was marijuana, it was greater than 0 grams and less than 30 grams and it was in your possession.
Oh, and you are still a moron.
- jamesLv 72 months ago
Pay of there Judge you hung yourself by speaking to them.
- Anonymous2 months ago
WHERE is the first question, and it matters.
What the Officer said about how you looked or acted is immaterial, and I’m sure you know that. Often it’s called “playing along” with the suspect.
You can’t get charged with DUI if you don’t test positive for DUI. It’s just that simple.
The Police do NOT need to give you the option of having someone come and get the car. My sense is that it was searched after it was towed, but only you know if you signed a consent/agreed to a search. Why would the Police allow someone else get the UNINSURED vehicle? That person could/would then be charged with - drum roll please! - driving UNINSURED.
If the statute reads “30 grams or under”and you had 1.5 grams, you had “30 grams or under.”
Yes, retain an attorney. If you were charged with DUI and there is no proof, then that ticket should be thrown out.
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- Little PrincessLv 72 months ago
It sounds as if you've given them a pretty strong case. You can attempt to fight it, but it's going to be an uphill battle all the way. If you're willing to pay an attorney, the strategy they might go after is seeking differed adjudication since this is your first offense. What that means is they won't render their judgment for a year or so and if in the mean time you're able to keep yourself out of trouble, they forget about it as if it never happened.
However, if you do get in trouble, then they throw the book at you. So, you probably don't want to do that if you think there's a chance you'll get in trouble again. And that trouble means any kind of trouble. You'd have to go on the straight and narrow.
Considering how much evidence you gave them, it might be a hard sell to make though (that's why you'd want an attorney doing the negotiating).
- Andy CLv 72 months ago
Go serve your sentence as you are obviously guilty.
Why should the courts be lenient on you for having possession of an illicit substance?
In this state, you would probably get off as you wish IF you are white or if you raised a raucous about being unfairly persecuted bc of not being white.
Be forthright with the judge and tell the whole truth and place yourself at the mercy of the court.
- Rick BLv 72 months ago
You were doing drugs and alcohol in an uninsured vehicle and you think it would be wise to fight it?????
You really are a stoner, huh?
Is there anything you can do to help yourself? Yes. Find new friends. Quit doing drugs. NEVER drink or do drugs inside a vehicle. And buy insurance and keep it. If you are underage, also stop drinking alcohol.
In short, GROW UP and rethink your priorities.