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  1. #1

    Default Minor Charged With Multiple Misdemeanors Including Drug Possession

    My question involves criminal law for the state of: Nevada

    So as this is my 3rd time posting attempting to post this, im gonna make it snappy. I'm 16 and was pulled over in the state of Nevada for my fog lights being on. As i had just recently smoked Marijuana in my car, my car reeked of the stuff. As marijuana was the only thing induced into my system I panicked and just told the officer how long it had been since i had smoked. And then i gave him my backpack in which contained Paraphernalia for Narcotics (although it had only been used for the use of Cannabis). As well as possession of less than an ounce. However, i complied completely and the officer said that he would include it in his report I am wondering if this will assisst me in my case at all. The officer also noticed my Trigonometry homework was completed, as I am an excellng student. Will this affect the outcome of the case? I also was submitted to a few Sobriety tests that i felt were unlawful, walking in a straight line heel to toe. 10 paces turn around, 10 paces back (passed). Raiseing my left foot 1 foot in the air, also passed. And I was submitted to a breathalizer test even though he had absolutely no possible suspician to me being under the influence of Alcohol. He also noted that he recognized my truchfulness and I was still subjected to a breathalizer test and a blood test. Couldn't he have just recieved the blood test results from the lab as to whether or not I was under the influence of Acohol? And, since i passed all of the fielded sobriety tests, was the officer still subjected to arrest me, without reading me my Miranda rights, after asking me about my whereabouts through out the night, and who I had been with earlier in the day? Also, did I do the best thing possible in my situation, I mean practically turning myself in, or should I have denied the supposed "allegations" of my car smelling like Cannabis?

    Also if you could answer the following questions for me:
    1) Can I get my medical marijuana license as I had discussed with my Parental guardians prior to the incident?
    2) Is it too late to contact an Attorney? Is it recommended that i do so?
    3) If i were to be able to recieve my medical marijuana license, would any of my chqrges be dropped, such as my possession charges?
    4) Am i subject for a hearing of my charges as I have not yet recieved a court date as the incident occured towards the end of May.
    5) If I am charged with any or all 4 charges, can they be taken off of my record at any time since I am still a minor?
    6) What are the chances of me getting my license back after 45 days instead of the State law of 90 days, as I have, and have had a job for 5 months now and require a license for transportation as I work in downtown Reno, and live out in Sparks.
    7) What are my chances on avoiding the whole situation, by focusing on the fact that he subjected me to the wrong sobriety test as I know someone whos license was reistated after avoiding a similar situation just a month ago?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Under 18 and Recieved 4 Misdemeanors, Including DUI of Marijuana, What Are My Opt

    1) You could, but it wouldn't affect your charges. It's not retroactive.
    2) You should definitely speak with an attorney.
    3) See 1.
    4) Yup. Sometimes it takes time to get a court date.
    5) If your record is not automatically sealed when you reach the age of 21, you may petition the court to have it sealed.
    6) Apply for a hardship license and see what the DMV says about it.
    7) Forget it. The field sobriety tests were not administered illegally.

    As far as your Miranda rights, they were not violated. Miranda applies when you're being taken into custody and interrogated. You were not taken into custody.

  3. #3

    Default Re: Under 18 and Recieved 4 Misdemeanors, Including DUI of Marijuana, What Are My Opt

    If I were to get a Medical Marijuana License, how would the drug testing work for my probation, would I have to get it before my court date? And thank you for replying so quickly. Much appreciation.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Under 18 and Recieved 4 Misdemeanors, Including DUI of Marijuana, What Are My Opt

    If the terms of your probation require no use of marijuana, your MedMar card will not help you.

    It really is too late for that card to help you at all. Expect the court to tell you that if you actually NEEDED medical marijuana, you'd have had the card long before now.

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