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  1. #1
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    Sep 2015
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    Default Possesion of THC and Driving While Intoxicated

    My question involves criminal law for the state of: Wisconsin

    So I traveled to a small town in northern Wisconsin from Milwaukee and was pulled over with a friend in my vehicle for a headlight that was off.

    Once they got to me they asked me for my license and what I was doing up here, I answered their questions until another cop noticed the car smelt a bit off, then he spotted EMPTY bottles of liquor (one mine, one a friends). He also spotted two pipes with no marijuana in it just resin.

    They handcuffed me and put me in the back of their squad car and also made me do field tests and a breathalyzer test (which came up to .04).

    Overall I was cited with:

    -Possession of THC
    -Underage Drinking/Poss (17-20 YOA) 1st Off.
    -Underage Person Transport Intoxicants In MV
    -Possess Drug Paraphernalia

    They then let me go on my way

    Overall all the charges came up to near $950

    My question is since I did not really have any marijuana in the car (just paraphernalia) and since the bottles of alcohol were EMPTY would it be a good idea to dispute the citations (or at least some of them). How will these charges affect my drivers lisence and other records?

    In other words, whats the best course of action to take from here? anyway I can reduce the citations? should i go to municipal court?

    What should I do since Im only a college student thats pretty poor.

    Thank you.

  2. #2
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    Default Re: Possesion of THC and Driving While Intoxicated

    Quote Quoting Atari82
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    ]He also spotted two pipes with no marijuana in it just resin.
    And that resin is going to test positive for THC -- which makes it possession of THC. Those drops of alcohol at the bottom of your bottles? That's still alcohol.

    You will want to talk to a criminal defense lawyer.

    You indicated that you were charged with driving while intoxicated, but in your list of the charges you don't mention an OUIL/OUID charge. Are you in fact charged with driving while intoxicated and, if so, under the influence of alcohol, drugs, or both?

  3. #3
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    Default Re: Possesion of THC and Driving While Intoxicated

    Quote Quoting Mr. Knowitall
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    And that resin is going to test positive for THC -- which makes it possession of THC. Those drops of alcohol at the bottom of your bottles? That's still alcohol.

    You will want to talk to a criminal defense lawyer.

    You indicated that you were charged with driving while intoxicated, but in your list of the charges you don't mention an OUIL/OUID charge. Are you in fact charged with driving while intoxicated and, if so, under the influence of alcohol, drugs, or both?
    Oh oops I guess I was not then my bad, those were the only citations I recieved, taking that into consideration what would be the best course of action? Should i pay the citations or is there something better I am able to do?

    Thank you again.

    - - - Updated - - -

    If I go to municipal court what might be some reasons that they would reduce the charges or what else can they do to lessen the consequences?

  4. #4
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    Default Re: Possesion of THC and Driving While Intoxicated

    Plea bargains are common. With multiple offenses, odds are a proposed deal will involve dropping some of the charges. There's only one way to find out what the prosecutor is offering, though -- from the prosecutor.

    I think it is a good idea to find out what deals are on the table, whether through your own inquiry or through a lawyer who inquires on your behalf, before deciding how to proceed. The disposition will affect your record, along with any collateral effects of the conviction charge(s).

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