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  1. #1

    Default DUI and Possession (Marijuana by Consumption), What Should I Expect

    My question involves criminal law for the state of: Utah

    hey all, so last night I was arrested for a DUI (marijuana) and possession by consumption. After spending a few hours in jail i was bailed out ( my bail was 1935). So I am thinking i i will lose my license for 6 months and be put on probation for 3 months, does this sound correct? I am still in high school (age 18) and do not want this to hinder my plans to move and go to college in September.

    Thanks

  2. #2
    Join Date
    Jan 2010
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    3

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    Not sure about the penalty, but you should definately try to plea to something that doesn't include drugs.

    You won't be able to get Federal Student Aid for college with any drug conviction.

  3. #3

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    What else could I possibly plea? My first court date is the 21st, from what I hear they willl just ask if i want a lawyer, then set another date. Should I even bother getting a state appointed lawyer? There s no way i could afford my own.

  4. #4
    Join Date
    Sep 2005
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    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    As is explained here,
    Quote Quoting I’ve been convicted of a drug offense. Does this mean I won’t get any aid?
    The question on the FAFSA regarding drug offenses asks about convictions for possessing or selling illegal drugs (not including alcohol and tobacco) if the offense occurred during a period of enrollment for which you were receiving federal student aid (grants, loans, and/or work-study). When answering this question, do not count convictions that have been removed from your record. Also, do not count convictions that occurred before you turned 18, unless you were tried as an adult.
    Most states offer deferred sentencing for a first time drug possession charge; it's worth discussing that with a lawyer.

  5. #5
    Join Date
    Jan 2010
    Posts
    9

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    I am not a lawyer, but I have been acquitted of DUI, and my gut feeling is that you can beat this if you have the time and money. Get a defense attorney with experience in this area. Marijuana DUI is not nearly as cut-and-dry as alcohol DUI. With alcohol, it's easy to detect impairment: 0.080 BAC has been legislated to be impairment. With marijuana, there is no similar number that the DA can lean against. The level / number just hasn't been legislated. Beyond that, marijuana stays in the body a very long time. A good defense attorney will argue something like "My client could have smoked dope two or three weeks ago and still failed a drug test, just because of the chemstry of marijuana. Should he really be legally proscribed from driving 2-3 weeks after smoking a joint?" Granted, you're in Utah, which is a known redneck hellhole. Also, if a cop (or especially two) testifies that he saw you smoking it while driving, that would make a difference... But I doubt that actually happened, and I don't know ANYONE who's been convicted of marijuana DUI.

    A good deal, in my humble non-lawyerly opinion, would be a plea to a traffic charge such as reckless driving. And as far as "possesion by consumption" goes, I don't think ANYONE with a lawyer ought to be convicted of that. What does it mean? A cop thinks you were high, so you must have had drugs on your person at some point in the past? Give me a break... the very nature of the charge implies that there's no physical evidence. Just keep your mouth shut, get a GOOD lawyer, and keep the things I've said in mind when you (respectfully) solicit his advice.

  6. #6

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    Thanks, I was planning on fighting it, I am sending a copy of my case to a family friend in reno that is a private investigator, he said he will look through it and advise me on what to do. My first court date is tomorrow so we will see what happens.

  7. #7
    Join Date
    Jan 2010
    Posts
    9

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    If you can't get a good criminal defense attorney for tomorrow, then you should consider stalling for time... say something like "I'm innocent but need time to make a case and obtain representation."

    A PI is an expert at finding out facts... not an expert at arguing a case. You already know the facts (even better than the DA does), so you don't really need a PI. Also, I'd be curious to hear the evidence. Why were you charged with posession? Did you admit to it? Was it just based on odor, or bloodshot eyes or something? Did you take a urinalysis?

    If you failed a drug test, or admitted to anything, then that tempers my original advice somewhat. You still might be able to stall, though. Keep in mind that most law officers are hero-wannabe adventurer types. In this day and age, that type of person tends to have to run off to Afghanistan suddenly, which kinda hurts their stateside DUI cases. (Put differently, it's hard to oppress two nations at once! )

    EDIT: If the DA offers a good deal, take it. Look at my last post for definition of 'good deal' or (better yet) ask a lawyer!

  8. #8

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    From what i hear, tomorrow the judge will pretty much just ask me of i want a lawyer or not, so I will say yes and go ahead and get a court appointed one. I am just sending that off to he PI for free advice, he wont charge and he will basically just go through and make sure the police did protocol. The cop arrested me dude to the truck being smoky and my eyes being red. Here is what happened : we were just out smokin on the out skirts of town and the end of a long dirt road and i see this car bookin it towards us with its lights off, so i panic and start my truck and start driving , so he flipped on his lights, along with like 5 other cars and block my truck and pull us over, they took me to the police station, where they gave me a urine test ( tested positive for marijuana) and then took me to jail.

  9. #9
    Join Date
    Jan 2010
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    9

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    Don't even talk to a public defender, IMHO. Don't even say "Good Morning." They are worthless. They serve the same basic purpose as the team that loses to the Harlem Globetrotters every week. Talk to a real lawyer.

    It sounds like the cops have some evidence... but it's good that you didn't admit to anything. Your passenger could have been smoking, not you. It sounds like B.S. but all you have to do is establish doubt. Maybe you smoked a few days ago. Don't be an A-hole about it... don't quote the Bill of Rights to the DA for example. Honestly, at this point, shutting your mouth and getting a lawyer is a good strategy. Do you have money? I paid my DUI attorney about $3500 but it was worth it!

    There's no harm in talking to the PI, he probably does know a bit about criminal law.

  10. #10

    Default Re: DUI and Possession (Marijuana by Consumption), What Should I Expect

    Having just graduated, and looking for my own place I sadly cant afford to get a lawyer, and my parents are not going to help me out cause they are very anti pot. I wish I could though, I will just wait to hear back from the PI and go from there, at this point I just need a few weeks to get my case together and figure out what to plead.

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