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  1. #1
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    Dec 2012
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    Default Charged With Possession of Controlled Substance, DUI

    My question involves criminal law for the state of: California

    Background Story (skip if too long)
    I was pulled over for a supposed traffic violation, making a U turn over a double yellow line. The lane just right of the doulbe yellow , had a left turn sign painted in white to enter a business area plaza but I made a u turn. Once pulled over they asked for my license and registration. I asked why i was pulled over and was replied that i made an illegal U. Then, he asked if I had drank that night. THe officer said i smelled of alcohol. I had two drinks that night and at that point i replied that i did. I dont remember very clearly, but i was talking to him, saying i wasn't aware that was illegal blah blah,, etc. then he pulled me out of the car i believe forcibly, then started to pat me down, found my pocket knife and reacted as if i was a danger. Me weight roughly half the weight of each the officer, (two of them at the time) they seemed to be playing games. They told me to sit down outside on the curb while they called some special DUI unit so they can check me out. Once they arrived they gave me a test walking toe to toe etc etc. They patted me down again, and found a bit of methampetamine in my coin pocket. I don't remember the sequence of these actions as I was held in a cell for about 30 hour in addition to being nervous at the time. Whether all this matters or not I dont know. Anyhow also searched my vehicle and found a meth pipe. THey took me into the station, and gave me the choice to take a breath test or draw blood. It took me a while to decide and they were pushing me for being incooperative but i finally agreed to the breathalizer and got .07 twice. I was then locked up for around 24 hours and released. I forgot to mention before they released me, a detective spoke to me for a short time, but later i refused to discuss the matter any further without first getting some advice from an attorney. They took my phone, as evidence because they looked through it and saw a picture of meth on a scale.


    My charge was 11377(A) / HS / F Poss Controlled Substance. ON the back, there is an additional charge section with 23152(A) / VC / M DUI Alcohol/Drugs but nothing filled out in boxes pertaining to the charge.
    I received a detention certificate with reason for release per Penal COde Section 849(b)(1) with x(checked box) on Further Investigation

    So my real question is what is going on? Do I just wait for something in the mail? Am I actually charged or is it possible they might drop the charges?

    Thanks for taking the time to read. Apologize for my spotty writing, I've just been released and a bit traumatized as I was never arrested.

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Dui/ Possession of Controlled Substance

    Quote Quoting scc82
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    My question involves criminal law for the state of: California

    Background Story (skip if too long)
    I was pulled over for a supposed traffic violation, making a U turn over a double yellow line.

    The lane just right of the doulbe yellow , had a left turn sign painted in white to enter a business area plaza but I made a u turn.
    Sounds like it was likely a valid stop to me ... more details would need to be known, but your attorney can argue that if there is any hope of suppressing the stop.

    Then, he asked if I had drank that night. THe officer said i smelled of alcohol. I had two drinks that night and at that point i replied that i did.
    Honest of you. Though, since the most common answer to the question of how much a person has had to drink is "two" (even when the person is tanked) that answer immediately flips on the BS detector.

    They patted me down again, and found a bit of methampetamine in my coin pocket.
    If that was a pat down search, then your attorney can easily get that tossed ... unless you consented to the officer reaching into the pocket. However, I suspect that at the time of this search you were already under arrest for DUI. And the special DUI unit may have been on for DUI, or, it may have been an officer especially trained in drug detection - a DRE or DAR trained officer.

    Understand that the overwhelming majority of people in this state do no thave even a little meth in their pockets. The fact that you had ANY was a good find. Fortunately for you, unless you have priors you can probably plead to Prop 36 and receive counseling, prtobation, and get the offense dismissed in 18 months to 3 years.

    Anyhow also searched my vehicle and found a meth pipe.
    Ouch for you. Sorta cements the dope charge.

    THey took me into the station, and gave me the choice to take a breath test or draw blood. It took me a while to decide and they were pushing me for being incooperative but i finally agreed to the breathalizer and got .07 twice.
    You're lucky, they could have also forced blood from you because of the likely presence of drugs.

    My charge was 11377(A) / HS / F Poss Controlled Substance. ON the back, there is an additional charge section with 23152(A) / VC / M DUI Alcohol/Drugs but nothing filled out in boxes pertaining to the charge.
    I received a detention certificate with reason for release per Penal COde Section 849(b)(1) with x(checked box) on Further Investigation

    So my real question is what is going on? Do I just wait for something in the mail? Am I actually charged or is it possible they might drop the charges?
    It means that they will likely file this through the DA rather than push for an arraignment right away. In some counties the DA is too busy to pursue most simple possession charges so you might get lucky. On the other hand, it might simply be county policy to release per 849(b) pending the filing of charges because it is the least burden on the DA's office as they do not have to rush to get things ready for arraignment.

    You might want to consult a local attorney ASAP. That attorney can probably tell you what the common practice is in your county for this sort of thing.

    In the meantime, this might be a GREAT time to seek counseling and quit the dope! If you do go to court and can attest to being clean and sober since the arrest, that may go a long way in helping you out! I know it's a long shot that you will heed this warning, but I know a great number of tweakers and work with the local recovery community so I have seen the devastation meth causes and know that people can overcome the addiction and move on. Now is the time for you to kick the dope ... and do not substitute alcohol as a substitute as that will also fail you.

    Good luck. And get clean ... one day at a time. (and, yes, the proselytizing - like the advice - is free.)

  3. #3
    Join Date
    Dec 2012
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    4

    Default Re: Dui/ Possession of Controlled Substance

    Thank you for taking the time to reply. I will heed your advice.

    I still feel so wronged by the police. I just remembered, how they were mentioning how i didnt have a front license plate and that they could get me for that too. Is it really right for the police to pull you over for one thing, then try to find other violations on me, searching my car without my consent, etc etc. I guess that's what most police officers do when pulling people over.

    I had a bag of peeled chestnuts they found in my car and they were accusing me of having mushrooms. They also took my lighter and phone. When can I expect to get them back?

  4. #4
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    Mar 2009
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    Michigan
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    Default Re: Dui/ Possession of Controlled Substance

    Your phone....since it contained a picture that will add to the case....after trial, if ever, as it is considered evidence.

  5. #5
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    Dec 2012
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    4

    Default Re: Dui/ Possession of Controlled Substance

    Thank you for your reply.

    Since I've been released with no other information given to me, is it correct to assume there is no trial yet and possibly will not be one?

    If they passed this over to the dea, how do I know whether they will or not pursue the case? About consulting an attorney, what if I can't afford one? About being assigned an attorney if I cant afford one, does that apply when I'm actually called into court?

    I do remember the detective saying something along the line of him passing it over to the dea. He had first tried to get me to talk and possibly being a rat to get the drug dealers busted but I informed him my lack of knowledge of the drug ring / network. The amount they found on me was probably not even a 1/4 of a gram.

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: Dui/ Possession of Controlled Substance

    Quote Quoting scc82
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    Thank you for your reply.

    Since I've been released with no other information given to me, is it correct to assume there is no trial yet and possibly will not be one?
    They have up to three years to file charges. Chances are that if you hear nothing for the next 6 months, you are in the clear.

    If they passed this over to the dea, how do I know whether they will or not pursue the case? About consulting an attorney, what if I can't afford one? About being assigned an attorney if I cant afford one, does that apply when I'm actually called into court?
    If you are charged, an attorney can be appointed for you at or about the time of arraignment. You should also be able to get a free consultation with local attorneys and they might be able to put your fears to rest, or tell you whether this is common practice to release pending charges filed by the DA.

  7. #7
    Join Date
    Dec 2012
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    4

    Default Re: Dui/ Possession of Controlled Substance

    Thank you again for your help. I will also be seeking some sort of help group. I am in socal btw. I have been to one CMA meeting, but felt the group was too different from my background to relate. Do you know any other organizations like crystal meth anonymous? I will be searching but suggestions canys alwa be helpful or give me a good start. Thanks.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dui/ Possession of Controlled Substance

    It depends on where you are. But, there are likely a number of NA groups in the area, and counseling is almost certainly available through your county health services department and a host of other resources.

  9. #9
    Join Date
    Sep 2012
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    1,991

    Default Re: Dui/ Possession of Controlled Substance

    Quote Quoting scc82
    View Post
    Thank you again for your help. I will also be seeking some sort of help group. I am in socal btw. I have been to one CMA meeting, but felt the group was too different from my background to relate. Do you know any other organizations like crystal meth anonymous? I will be searching but suggestions canys alwa be helpful or give me a good start. Thanks.
    Go to your local social services office, they should be able to refer you to a counselor who can make a treatment recommendation.

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