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Old 07-26-2008, 03:44 PM   #1 (permalink)
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Post Do you think I have a case?
I was arrested nearly two years ago with a valid MMJ card from Medicann. I was given many charges, including resisting arrest, possession of Marijuana (1/2-oz), as well as a driving under the influence charge. I have incurred another charge due to my license be suspended and I was never notified. And that was because I was on my way to training for my new job in the deli at Vons, and I made an improper right turn because I did not know where I was going. Still my license is on hold, and I have had many issues because of this. I feel that I should be able to based on the fact that "supposedly" my ID card enabled me to use marijuana freely. Obviously this wasn't the case.

So, as the title says, do you think I would have a case at all (to sue)?

Thanks in advance.

pasteisme says.."The largest lobbyist group currently roaming the halls of Congress represents the pharmaceutical industry."

.quote from my sociology professors' lesson.
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Old 07-26-2008, 03:49 PM   #2 (permalink)
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Re: Do you think I have a case?
I would suggest you contact a MMJ attorney regarding this. Any case can be a good case with the right attorney.What city was it? Have you contacted ASA and reported the incident? If not,I highley suggest that you do. That is the best advice that I can give you. Good Luck.

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Old 07-26-2008, 04:05 PM   #3 (permalink)
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Re: Do you think I have a case?
Yes. I was in contact with ASA shortly after it happened. I know our country is "sue happy," but I believe there needs to be some attention brought about regarding the CHP's abuse of power.

You know I recently watched Super High Me. Funny documentary, and there was some good coverage of the DEA raiding clubs in L.A. But you know, it seems that as bad as that was, there still are those outside of L.A. who are trying to play the same game as the FEDs.

pasteisme says.."The largest lobbyist group currently roaming the halls of Congress represents the pharmaceutical industry."

.quote from my sociology professors' lesson.
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Old 07-26-2008, 05:58 PM   #4 (permalink)
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Re: Do you think I have a case?
Do I understand this correctly?
  • You were under the influence of MMJ while driving?
  • At the time of the stop, you were driving on a suspended license?
  • You want to sue the CHP for "abuse of power" when they made (what appears to be, based on info provided) a legal stop of a driver who made an illegal turn?

Just asking before jumping to conclusions...
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Old 07-26-2008, 06:08 PM   #5 (permalink)
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Re: Do you think I have a case?
Based on what you said i personally dont think you have a case. Granted i wasnt there and dont have all the facts, i highly doubt you would come out with the win. Best of luck to you though. I hope you get to see some justice.

On a side note though i love your avatar.

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Old 07-27-2008, 05:30 PM   #6 (permalink)
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Re: Do you think I have a case?
Quote:
Originally Posted by Hellas View Post
Do I understand this correctly?
  • You were under the influence of MMJ while driving?
  • At the time of the stop, you were driving on a suspended license?
  • You want to sue the CHP for "abuse of power" when they made (what appears to be, based on info provided) a legal stop of a driver who made an illegal turn?

Just asking before jumping to conclusions...
I'm sorry let me make this a little clearer.
There are two separate incidents.

1. November 2006, Riverside county.
What happened: Vehicle was on side of the I-10E because I ran out of gas. I was inside of the cab. I had 1/2-oz marijuana in medical containers. I was not smoking when they approached. I was not driving when they approached. Merely just waiting for gas. They smelled marijuana. They said the Medicann card was a fake. Said that I was resisting arrest because the doors were locked and it took me more than 1/1000 of a millisecond to hop to their orders. I was administered a UA, and showed up positive. Obviously that could have been from when I smoked hours before I was on the road.

2. March? 2007, Escondido.
What happened: I got pulled over for making a right turn illegally. No problem. But at the moment, he told me that I was driving on a suspended license. Officer said there was no notice sent out. So he served me with something at that instant saying that I had a suspended license. Still could not drive my truck home. Understandable. This had nothing to do with marijuana what-so-ever.

Hopefully this makes a little more sense.

pasteisme says.."The largest lobbyist group currently roaming the halls of Congress represents the pharmaceutical industry."

.quote from my sociology professors' lesson.
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Old 07-27-2008, 05:39 PM   #7 (permalink)
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Re: Do you think I have a case?
Quote:
Originally Posted by pasteisme View Post
I was administered a UA, and showed up positive.
What is a UA. Didnt know police had a way to test for marajuana.

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Last edited by C.C.C.N.; 07-27-2008 at 05:45 PM..
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Old 07-27-2008, 06:03 PM   #8 (permalink)
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Re: Do you think I have a case?
Quote:
Originally Posted by C.C.C.N. View Post
What is a UA. Didnt know police had a way to test for marajuana.
Urinalysis, aka piss test.


I'm not sure why you gave them urine? They tested you for DUI. Did the give you a field sobriety test?

Were you in the drivers seat? And did you have your keys in the ignition?
Being the sole occupant of the vehicle on the road makes you the driver...

Unless you can prove someone else was driving. And you tested positive for MJ...

Doesn't look good. Your rec. doesn't give you immunity from DUI. You gave then pee and in the other case your license was suspended.

You can sue anyone for anything. Winning is another story.

I'm not sure what you are going to sue for.

Also you medicann card (in 2006) isn't anything the CHP or police would accept.

I suggest reading ASA's guide to being a patient and readind SB420 on this site..

http://www.weedtracker.com/forums/sh...and-10279.html
Last edited by Platypus; 07-27-2008 at 06:11 PM..
 
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Old 07-27-2008, 11:43 PM   #9 (permalink)
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Re: Do you think I have a case?
Well, I did not suspect immunity from a DUI. I did not expect for my meds to be confiscated. I did not expect them TRYING to charge me with possession.

Ultimately, I got charged with resisting arrest, and a Dry Reckless driving charge. That was my plea. Because I pled guilty, they dropped the possession, the DUI, and there may have been one other minor charge I cannot remember.

I should make mention, that the second incident which involved having my truck impounded (suspended license) was due to the first incident. Just in case that was not clear already.

edit: so I am assuming the following section does not apply to the patient while in a vehicle, no?
-- It stops arrests -- not just prosecutions -- of qualified individuals for possession, transportation, delivery or cultivation up to a very minimal level of 8 oz and 6 plants per patient (that could arguably be hash or hash oil, which would be equivalent to more; I'm not sure what it does about tinctures, which have a lot of liquid weight) 11362.71(e)

pasteisme says.."The largest lobbyist group currently roaming the halls of Congress represents the pharmaceutical industry."

.quote from my sociology professors' lesson.
Last edited by pasteisme; 07-27-2008 at 11:48 PM..
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Old 07-28-2008, 12:24 AM   #10 (permalink)
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Re: Do you think I have a case?
Based on your own testomony .. ur dead in the water .. give in.
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Old 07-28-2008, 03:48 AM   #11 (permalink)
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Re: Do you think I have a case?
Quote:
Originally Posted by pasteisme View Post
Well, I did not suspect immunity from a DUI. I did not expect for my meds to be confiscated. I did not expect them TRYING to charge me with possession.

Ultimately, I got charged with resisting arrest, and a Dry Reckless driving charge. That was my plea. Because I pled guilty, they dropped the possession, the DUI, and there may have been one other minor charge I cannot remember.

I should make mention, that the second incident which involved having my truck impounded (suspended license) was due to the first incident. Just in case that was not clear already.

edit: so I am assuming the following section does not apply to the patient while in a vehicle, no?
-- It stops arrests -- not just prosecutions -- of qualified individuals for possession, transportation, delivery or cultivation up to a very minimal level of 8 oz and 6 plants per patient (that could arguably be hash or hash oil, which would be equivalent to more; I'm not sure what it does about tinctures, which have a lot of liquid weight) 11362.71(e)
IF you have a State MMIC Card. They have to try to verify it with dispatch.
A medicann card isn't considered one. They took your meds because you had no acceptable proof of you patient status. Why did you not try to get them returned at that time after court?

Also your recomendation doesn't absolve you of personal responsibilty.

What would you sue for? You pled guilty. You lost some meds.

If you read SB420 and the ASA patient handbook, now you are smarter and hopefully wiser. It's the "Owners Manual" for your recomendation.

So you are out a half. Pretty cheap. Cheaper than 10 grand on a lawyer to get $200 back.
 
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Old 07-28-2008, 03:59 AM   #12 (permalink)
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Re: Do you think I have a case?
You have to also take into account the fact that there is a statue of limitations. And not only that but technically alls they would have to say about the confiscated meds is "we would have given the items back after the decision of the court, however a request was not made for a return of items so the MJ was destroyed."

Cops are going to fuck with you and unfortunately unless your getting your ass handed to you by a cop or it got caught on film your case will probably fail.

Plus you have to pay the court fees to get it all in motion, lawyers, time.

You got to know when to hold em, know when to fold em.
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Old 07-28-2008, 01:44 PM   #13 (permalink)
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Re: Do you think I have a case?
Alright then. I just wanted to hear from someone besides relying on my own intellect.

PEace.

pasteisme says.."The largest lobbyist group currently roaming the halls of Congress represents the pharmaceutical industry."

.quote from my sociology professors' lesson.
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