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  1. #1
    Join Date
    Jun 2014
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    7

    Default Possession of a Controlled Substance and Felony DUI Charge

    My question involves criminal law for the state of: minnesota

    Accually, the complaint says i was illegally in possession of a controlled substance(a c4) and charged it as felony. that being the premise, allows them to then charge me, with the DWI(under mn law any amount of an illegal controlled substance in your system constitutes a DWI). Now, i have actually have valid prescription for the c4. The hospital ran my urine and it was clean, didnt even show the c4, shouldn't i be able to file a motion to dismiss? Shouldn't, i simply be able to show the court my prescription and have the whole complaint be tossed? the only hope the prosecution has, is the my labs from the BCA might show something they can use, against me. i call this a full blown fishing trip.

    i just made my first appearance in court and wasn't asked to plea to the charges, the court said it was giving me more time to find an attorney(i didnt ask for it) but that is what they did. but if i am right, when could i file this motion to dismiss?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Am Charged with DWI in Minnesota, Questions About Complaint and Chemical Tests

    So now you are going to argue you have a medical impairment, but had an accident because you need medication to overcome it and drive safely but you have proof you were not taking it as prescribed? Hopefully, you have not been refilling the script that you have not been taking and selling it. You just keep digging yourself deeper, hence the reason the court ordered a continuance for you to obtain council to represent you. You are going to talk yourself into a 20 year sentence.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Am Charged with DWI in Minnesota, Questions About Complaint and Chemical Tests

    Courts don't just take "motions" out of sequence. Are you still charged with the felony possession? Innocent or not, you probably should have a lawyer to negotiate this. Yes, it probably can be dealt with at an early proceeding but you just can't bust into the court room saying I'm innocent and make the charges go away.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Am Charged with DWI in Minnesota, Questions About Complaint and Chemical Tests

    Quote Quoting mdhr165
    View Post
    Accually, the complaint says i was illegally in possession of a controlled substance(a c4) and charged it as felony. that being the premise, allows them to then charge me, with the DWI(under mn law any amount of an illegal controlled substance in your system constitutes a DWI).
    So you are telling us that you are charged with two crimes: Possession of a controlled substance and driving under the influence of a controlled substance?
    Quote Quoting mdhr165
    Now, i have actually have valid prescription for the c4. The hospital ran my urine and it was clean, didnt even show the c4, shouldn't i be able to file a motion to dismiss?
    I can't see the prescription from where I'm sitting, and I also can't see either your pill bottle or the pills themselves. As I'm sure you understand, your having a prescription for a controlled substance at some point in the past does not put you at liberty to buy the same controlled substance as a street drug. If this was a current prescription, with your pills being the same as the ones the pharmacist dispensed and being in the original pill bottle, then you can certainly argue that you were not unlawfully in the possession of a controlled substance. The rest will depend on the facts.
    Quote Quoting mdhr165
    the only hope the prosecution has, is the my labs from the BCA might show something they can use, against me. i call this a full blown fishing trip.
    You were pulled over for some reason. Presumably you were asked to perform roadside sobriety tests and, unless you refused, it would appear that you failed. As you have chosen not to share the relevant facts with us, we have no way of commenting on the impaired driving charge.

  5. #5
    Join Date
    Jun 2014
    Posts
    7

    Default Re: Am Charged with DWI in Minnesota, Questions About Complaint and Chemical Tests

    glad u and Disagreeable, i respect your opinions very much. thank you for taking the time to respond to my post. You know both now that i have a history, so the assumptions that you guys(see, that is an assumption that u both are male, lol) made, are based on actual personal knowledge of me. Please understand that i am not going to respond to other people' incorrect assumptions, but i will try to address your concerns, because i believe that you two can offer me some intelligent advice(i have read a lot of your posts, to others). i am uneasy discussing specifics on a public forum, so if you dont mind, i can PM you the details and maybe the complaint, if i can strip it of personal details?
    u can see by the responses, i got, it is these type of assumptions that the county attorney depends, on to even get his, complaint before the court. as an example, of how time consuming and worthless it is to address other people ignorance, i will address one of the most clear cut cases of this.
    i thought i that i asked: if i would be able to file a motion to dismiss because the police, did not have any actual evidence of impairment caused by drugs or drink. do i make the motion, before the omnibus, or at the omnibus, or some other time before trial, it is this technical aspect of the process that, that i am unsure of. i did not say or imply i was going to simply blurt out in open court at my first appearance, "Im innocent and have have been framed", ok dumbshit!!! the fact that i am asking questions on this forum, should tell you i know that.
    i said and i have asked when and/or how can i make my motion. i also said that in MN, the dwi can be charged, if you are charged with the possession. Yes, i even got the judge to admit that. So to me, it follows, that by proving my script was legal and in the correct container with the correct doctor and dates then the DWI has to be dismissed, also. Whether or not, i could pass a field sobriety test is then also rendered moot. Again, as i said in my first post, the hospital didn't find any drugs in my system and trust me the condition i was in, they literary inspected every part of my body. But lucky for me, i now have a hospital records that clearly shows why i was incapacitated.
    Now, PAY CLOSE ATTENTION people, medical personal in the emergency room can also be swayed by "what a uniformed police officer" tells them. when u are dropped off by the police and they tell the staff you are "under the influence of some drug and that u could have killed somebody by driving" they will do what-ever it take to help prove them, right. this is what happens when u start with a theory and look for evidence that proves you right as opposed to letting the evidence lead you to a conclusion.
    it has taken me about 4 hours to write this post, trying to tell my story and simultaneously verbally admonish, those simply jump to conclusions. I DO NOT NEED YOUR HELP NOR WILL I RESPOND TO ANY FURTHER RESPONSES FROM YOU.
    if you have a spark of intelligence, you might conclude that my activities draw the attention of the police(and just keep assuming what those activities are) and will just like any normal idiot believe i am doing something wrong and need to find something to bust me for. you also might conclude that i wasn't actually driving and in need of medical attention(notice incapacitated, not intoxicated). for those of you that have seen me post b4 the first time this happened it may have caused an accident, nobody else got hurt but me thank god. i suffered another severe head injury and am still awaiting knee replacement surgery. this was almost three years ago, six months later, in my first week out of the hospital, i driving a round trip of three miles and something happened, again. but i was able to recognize something was wrong and i promptly tried to pull over, but the side of the road was a six foot wall of snow. so i just blasted into snow bank and eventally was able to get out of car thru the snow and with my fingers frostbitten of(YES I ****ING LOST THREE OF MY FINGERTIPS) i crawled back to the road way, with no jacket any protection from the weather the first person to "help" was a cop. who arrested me for dwi and he didn't even take me to the hospital, he took me to the drunk tank. it took them a couple hours to figure out that my fingers were falling off, because they were frostbitten and i laying in a puddle i was laying in wasnt perspiration but blood(they need better lighting in those places). and so i haven't driven in almost 2 and a half years, yes the two dwi's i have been convicted of plays a part of that but i have chosen not to drive.
    now dumbshits its your assumptions about me is why i had plead out these dwi's. see my previous posts asking for help with the legal process.
    this is all public record with the courts, so keep telling yourself, in am hiding something or havent paid the price for dwi's or whatever u need to believe to convince yourself im just trying to "get out" of a legit arrest. as i said my story is public record with the court.
    SO ****OFF... or answer my question.
    this isnt the first time i have been arrested dwi but it will be the last. i have outfitted my car with audio and video, this will allows me to show what happened that night and what i am really doing, that brings me attention from the law. after this is over ill upload it to dropbox and you can see too, maybe you will learn a lesson about pre-judging people but honestly you wont learn anything.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Am Charged with DWI in Minnesota, Questions About Complaint and Chemical Tests

    Now you pay close attention, please ditch the attitude and the profanity. We're volunteers here and are disinclined to deal with immature, foul mouthed punks.

    As stated you have neither the legal knowledge, emotional maturity, or ability to analyze the entire situation. This makes it impossible for you to go this pro se and we're not going to be able to teach you through an internet forum. If you have SPECIFIC questions, please ask them. You can't just file for a "motion to dismiss" at a random appearance. There are times when probable cause or evidence can be challenged and then given those actions, request dismissal.

    The court apparently gave you the best advice you could get (and the same we gave you): GET A LAWYER.

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