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Old 10-11-2009, 09:58 AM   #1 (permalink)
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Unhappy help! i got a dui in socal

complete story:
so two nights ago, i was on the way out of town, and there was a dui sobriety checkpoint up. i had my roor and some flowers in the car. in the trunk of course, right next to my medical license, and kaiser permanente diagnosis. "no big deal" i thought. i drove up to it, even pulling my license and wallet out to make it easier for the cops at the checkpoint. so they come up to my car, says it smells like weed, and asks if i have any. i tell them i have 1.5 grams in the trunk, and a medical marijuana license. they tell me to pull over, and they search my car and chicken dance me. its 830 at night, and im wearing shorts in santa clarita, california. (it is ridiculously cold). so on top of being crazy nervous and freezing, i get field sobriety tested. i blow a .00 on the breathalyzer (i dont drink) after all the tests are done, the cop handcuffs me, tells me i'm under arrest for DUI, (i dont rememember miranda rights, but i doubt that really matters) and i am put in the back of a cop car. my car gets towed. i get thrown in a holding cell, and they tack on the additional charge of "addict driving a vehicle" (same vehicle code violation as a DUI,with different letter)which is pretty much another DUI. i opt for the piss test once i am detained. i get left in the cell with all the friday night drunks until 1230 pm saturday. i get let out, pay $300 for a "vehicle release" from the sheriff station (to be allowed to get my car out of the impound lot) then pay the impound lot to get my car out... another $213. i have the temp license until my court date (12/14/09), and must request a dmv hearing within ten days of my arrest to try and keep at least a restricted license. which brings me to seek the advice of the all mighty weedtracker.

tldr;
i went through a dui checkpoint with weed in the back of my car, got sobriety tested, blow a .00 on the breathalyzer (i dont drink) but got arrested for a dui, then while in jail they gave me "adict driving a vehicle" which is pretty much another dui, and got let out the next morning. had to pay about $513 total to get my car back.

so my question is:
what the fuck should i do to fight this dui case? i want at least a reduction, if not dismissal altogether. has this happened to anyone else? or am i pretty much about to be megashafted with no lube by the powers that be?

Last edited by techn9ne; 10-11-2009 at 10:01 AM..
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Old 10-11-2009, 10:00 AM   #2 (permalink)
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Re: help! i got a dui in socal

Get a Lawyer..

Period.. Might want to check out ASA..
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Old 10-11-2009, 10:42 AM   #3 (permalink)
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Thumbs up Re: help! i got a dui in socal

Contact ASA for a good atty. Maybe can get it dismissed. Sounds like cops 'punishing' you for being an MMJ patient. Using their petty dictatorial powers to fuck with you by making you go through the system. Designed to cost you money for your belief system which LEO finds threatening.

GB
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Old 10-11-2009, 10:45 AM   #4 (permalink)
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Re: help! i got a dui in socal

You said something about not being read your miranda rights if that is true the case will be dropped.
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Old 10-11-2009, 10:47 AM   #5 (permalink)
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Re: help! i got a dui in socal

California Vehicle Code 23152(a) vc | Driving Under the Influence
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Old 10-11-2009, 10:52 AM   #6 (permalink)
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Re: help! i got a dui in socal

You need a lawyer with experience in mmj.

Were you medicated when they stopped you? If they had reason to think that you were under the influence while you are driving, then unfortunately they may have a case. But if you weren't under the influence at the time you were doing nothing wrong.

Good luck

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Old 10-11-2009, 10:53 AM   #7 (permalink)
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Re: help! i got a dui in socal

The judge will laugh it this case.. hoping for the best though
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Old 10-11-2009, 11:10 AM   #8 (permalink)
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Re: help! i got a dui in socal

I must agree get a lawyer who is experienced in mmj cases, whenever i have my medicine in the car i always have my windows and sun roof open because its just not worth having an experience like you, im guessing you had the heater on in the car witch strengthens the smell alot, im sry this happend best of luck
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Old 10-11-2009, 12:19 PM   #9 (permalink)
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Re: help! i got a dui in socal

guys can a cop seriously just hand out DUI's and arrest you for having meds in the car? techn9ne is my homie and if he blew a .00 and was not medicated and passed a field sobriety test, this shit just doesnt make sense. I have gotten several possession tickets(later dismissed) and not one DUI or even a threat of DUI
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Old 10-11-2009, 12:39 PM   #10 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by TastyBuds View Post
guys can a cop seriously just hand out DUI's and arrest you for having meds in the car? techn9ne is my homie and if he blew a .00 and was not medicated and passed a field sobriety test, this shit just doesnt make sense. I have gotten several possession tickets(later dismissed) and not one DUI or even a threat of DUI
Both you and the cops can do whatever you want whenever you want. The difference is that there are rarely any consequences for the cops when they willfully make mistakes. Just remember that there are lots of cops who don't like marijuana in any context. They will make it their business to give any user, medical or not, a hard time. Their rationale is to bust us all and let the courts and the DMV decide what to do with you.
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Old 10-11-2009, 12:51 PM   #11 (permalink)
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Re: help! i got a dui in socal

M 23152(c) Addict, except on methadone program.

Now thats funny. Methadone is ok but Marijuana's not.

Kgbud1

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Old 10-11-2009, 12:56 PM   #12 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by techn9ne View Post
i blow a .00 on the breathalyzer (i dont drink) after all the tests are done, the cop handcuffs me, tells me i'm under arrest for DUI, ....... i opt for the piss test once i am detained.

Shouldn't have pissed for them, you already blew so that should have been sufficient enough!!! They'll definitely be using the Piss Test Result against you!!!


Get an Attorney that specializes in DUI and go from there.....
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Old 10-11-2009, 01:01 PM   #13 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by X Runner View Post
Both you and the cops can do whatever you want whenever you want. The difference is that there are rarely any consequences for the cops when they willfully make mistakes. Just remember that there are lots of cops who don't like marijuana in any context. They will make it their business to give any user, medical or not, a hard time. Their rationale is to bust us all and let the courts and the DMV decide what to do with you.
Good call man I think that we should file a complaint against every officer that cites a medical patient..I wish i could go back in my time machine and do this with past experiences. is there anyting wrong with requesting an officers Badge number? police do not even get a slap on the wrist for wrongful citations if we funked up at our jobs you know you get canned
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Old 10-11-2009, 01:03 PM   #14 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by 420nut123 View Post
The judge will laugh it this case.. hoping for the best though
My thoughts exactly if you cannot get a Pro Bono attorney at first go in alone but DON'T PLEAD!!! and say "I have my MMJ rec" if the judge says "so what" then get an attorney but I have seen cases like this tossed out several times in Riverside county courts. So the idea is to go into court weeks before you are scheduled to appear and go to the counter to get yourself added to the calender....The one and only time I was ever arrested (not for MMJ but still a shocking event LOL) I don't remember my miranda being read either but that doesn't mean it wasn't it just means I was in shock (like you)

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Old 10-11-2009, 01:05 PM   #15 (permalink)
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Re: help! i got a dui in socal

Oh yes and expect if it does go to trial for the cop to say "there was an odor of BURNT marijuana" that is what they are trained to say.

washgirl says..And that is just my opinion! People come from far places to get my opinion. Perhaps they laugh all the way home at it. But they still come!
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Old 10-11-2009, 01:55 PM   #16 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by Lost View Post
Get a Lawyer..

Period.. Might want to check out ASA..
what is ASA
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Old 10-11-2009, 01:57 PM   #17 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by kgbud1 View Post
M 23152(c) Addict, except on methadone program.

Now thats funny. Methadone is ok but Marijuana's not.

Kgbud1
apparently, we are all DUI
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Old 10-11-2009, 02:01 PM   #18 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by younggotti View Post
Shouldn't have pissed for them, you already blew so that should have been sufficient enough!!! They'll definitely be using the Piss Test Result against you!!!


Get an Attorney that specializes in DUI and go from there.....
i knew the answer for this one...
once arrested for DUI you MUST give either a urine or blood sample. period.
as we all know, marijuana is in our piss for months. so a urine sample is worse indicator for at the time marijuana intoxication
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Old 10-11-2009, 02:04 PM   #19 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by techn9ne View Post
what is ASA



ASA is Americans for Safe Access is the nation’s largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Give them a call best of luck brotha.

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Last edited by schnitz; 10-11-2009 at 02:10 PM..
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Old 10-11-2009, 02:09 PM   #20 (permalink)
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Re: help! i got a dui in socal

Talk to ASA. You will get it dismissed. LA county they have better shit to worry about.
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Old 10-11-2009, 02:24 PM   #21 (permalink)
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Re: help! i got a dui in socal

thanks everyone for all the help and advice

i just finished writing my email to ASA. sent
im going to call them tues for advice. hopefully the powers that be throw this little fish back in the river.

as a side note
the cops gave me my roor and my grandaddy purps back. about to rip one for the almighty weedtracker.
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Old 10-11-2009, 02:29 PM   #22 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by ruffryders660 View Post
You said something about not being read your miranda rights if that is true the case will be dropped.
I'm not a lawyer or anything, but my understanding has been that if you aren't read your rights the case will NOT be dropped. It just means anything that they ask you about prior to being read your rights will not be used against you in court. This also means anything you offer freely CAN still be used.

Hope I'm wrong ><

Either way, that right to remain silent seems to be best maintained regardless.
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Old 10-11-2009, 02:59 PM   #23 (permalink)
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Re: help! i got a dui in socal

Remember guys, the group that put on the recent "Eradication" seminar is HQ'd in Santa Carita (Valencia), Santa Carita is also populated by PD, LA city cops live in Santa Clarita, "So their family's can be safe." That place is not friendly at all.

Get a lawyer.

In my experience, talking to a judge only upsets them. Judges are too busy to talk to people who don't know the law (you), get a lawyer, judges have to talk to lawyers.

Remember this is not about right or wrong, or what "should be", this is solely about you not getting screwed any further. Damage control.

Bring the lawyer with you to the DMV hearing, get a lawyer before scheduling the hearing, so the lawyer can do it for you, and yes, that means you have less than ten days to find a lawyer....as far as I know NOBODY has ever won a DMV hearing without a lawyer present. I won mine outright 4 years ago, but I had a lawyer with me....by that I mean I had no restrictions on my license, full privileges....even after I lost in court. Cop changed his testimony from the DMV hearing so my argument against the validity of the breath test no longer worked. At DMV he testified that he saw me belch before the test (can give a false positive, or higher reading), in court he said I never belched....if you get into a "cop's word or mine" fight, you will lose. The judge ruled the DMV testimony inadmissible, "in the interest of a speedy trail", and because the cop was under oath he should be assumed to be telling the truth in court. He said I could appeal if I disagreed. What is really funny is my criminal record shows a DIU, but my DMV printout does not....part of why I did not appeal, I don't care as long as my insurance rates don't go up, and I can drive....so the moral of the story is the DMV hearing may be the most important part as far as how much this affect your daily life....

Good luck man, if everything was in the trunk then your lawyer will have a good argument...meaning you have a good chance, .....but remember, Cooley is the tough on "DUI's" DA. First offense DUI with a fatality is being charged with Murder (not vehicular manslaughter, a charge invented for such circumstances), and the penalty is life (instead of 5-10), this is with no prior offenses (I know a man who is in jail for life, found guilty of murder, because he had a drunk driving accident in LA where he hit a street light, and his passenger was killed - his passenger was his best friend.). If there is an accident with a severe injury the charge is attempted murder...he is the only DA in the nation pursuing this strict punishment......

Get a lawyer, I promise you the DA's office will not negotiate or drop any charges unless you get a lawyer, even then you should be ready to go to court. Cooley is bad news, and it is his office you will be dealing with.....the good news is there are a growing number of attorney's in LA who are very upset with his tactics and interpretation of the law...you can find an attorney who will really right for you against him.

If you want I can get you the name of my friend's attorney. His DUI was alcohol related and far more serious as it involved a death, but the lawyer beat the murder charge even after though both the DA's office and the highway patrol were doing everything both in court and politically to get a conviction (he almost hit a Highway Patrol car head on, so it was personal). Anyway the attorney was phenomenal.....getting a better verdict than we could have ever hoped. He isn't MMJ knowledgeable (he is friendly though) in particular but he may know someone, and I personally have a lot of respect for this guy's knowledge and how he thinks...not to mention how he works in court.....I have no doubt he would help you out even if it is just pointing in the right direction.

PS. Don't judge my friend please. He did the wrong thing, he is the first to say it. and while it excuses nothing I think it is important to understand this man is the best father to his son's I have ever seen, and he does not drink normally. He found out his ex's new husband abuses his son's physically...his fiancee was out of town, and I was working...he was alone and in pain, he went to a bar, he got incredibly drunk and he drove home...he responded wrong and it was horrible, but he is not murderer, or a drunk. He is a bad driver sober, I have not let him drive me anywhere in over 10 years...

cephas says.."Gangsta's and Hoe's are just his generation's Cowboys and Indians...." ~Peggy Hill.

Homer Cheese's say peace out.

Word.
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Old 10-11-2009, 03:22 PM   #24 (permalink)
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Re: help! i got a dui in socal

Get a lawyer, it's obvious this officer has it in for marijuana patients.
Who knows, his arrest records may verify that?

You can go to your arraignment alone, don't plead... just request a continuance to give you time to get an attorney.

I think they give you a couple weeks more.

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Old 10-11-2009, 03:47 PM   #25 (permalink)
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Re: help! i got a dui in socal

Quote:
Originally Posted by zbestwun2001 View Post
Get a lawyer, it's obvious this officer has it in for marijuana patients.
Who knows, his arrest records may verify that?

You can go to your arraignment alone, don't plead... just request a continuance to give you time to get an attorney.

I think they give you a couple weeks more.
ZB is "about" 100% correct!!!! (sorry that was a poke at Cooley's wording about MMJ collectives)

He is 100% correct about your court arraignment.

The DMV hearing must be scheduled in 10 days. The date will be for a few weeks or a month later, but the date must be set in 10 days or you lose the right to a hearing and DMV revokes your lic. entierly. That was how it was in San Diego at least, maybe LA is different. The reason to get the lawyer first so he can schedule the meeting, is that if you do it and then hire the lawyer, but he is busy on that day, he may not be able to go to the meeting. That will save you some money, no appearance fee, but will possibly hurt the keeping of your lic.

cephas says.."Gangsta's and Hoe's are just his generation's Cowboys and Indians...." ~Peggy Hill.

Homer Cheese's say peace out.

Word.
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Last edited by cephas; 10-11-2009 at 03:51 PM..
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