Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Mar 2007
    Posts
    3

    Default DUI and Drug Possession In Texas

    I was pulled over by a Police Officer in Texas for DUI. The officer said I was goingt 70 MPH and ran a stop light.

    Once the officer pulled me over, her ordered me out of the car flashing lights in my face. Once I got out, he asked me where I was coming from and had I been drinking.

    I said I had a couple of drink and have witnesses to this fact.

    He gave me two field test the walk the line test and the stand on one leg test.

    The officer seemed to be frustrated because I asked him what line did I need to walk which he then replied an imaginery line.

    He then asked me before the one legged stand do I have any injuries that would prevent me from doing these test which I replied I have tendanitis in my knees and lower back. I perform both test which at this point the office asked my to take a breathe test which I declined.

    So far this officer has not asked for my license and registration.

    When I refused the breathe test I was arrested. The officer never said what I was arrested for. He told me to turn facing the squad car and the proceeded to handcuff me very tightly and immediately went through my pockets when he found an empty vial that at the most had some residue in it.

    I do not know what was in the vial as it was not mind. I have two witnesses that can confirm this and they have provided letters to my attorney.

    My attorney said that neither one of the charges will cause me to server jail time because my record is completly clean.

    The question though did the officer use improper searching procedures in going through my pockets without telling me why I was arrested nor reading me my rights.

    Also the officer contact my wife and said I had been arrested for failing a field sobriety test and they found a half filled vial of cocaine.

    When I was read my charges at the police station no charges was filled for the posession also another officer said " there maybe other charges once we find out whatever that was in that vial which contradicts what the officer told my wife.

    Your thoughts.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Posession In Texas and DUI

    Q: The question though did the officer use improper searching procedures in going through my pockets without telling me why I was arrested nor reading me my rights.

    A: No.

  3. #3
    Join Date
    Mar 2007
    Posts
    3

    Default Re: Posession In Texas and DUI

    Quote Quoting seniorjudge
    View Post
    Q: The question though did the officer use improper searching procedures in going through my pockets without telling me why I was arrested nor reading me my rights.

    A: No.
    What are the chances of getting the DUI charges reduced and what type of punishment is likely for the empty vial for a first time offender of any criminal behavior.

  4. #4
    Join Date
    Mar 2007
    Posts
    3

    Default Re: Posession In Texas and DUI

    What is Texas Law regarding first offense of simple posession of cocaine. The officer wrote in his report their was a usable amount left. However there was really only a residual amount left? The lab test should prove this.

    Also in Texas is there deferred or diversion programs offered to avoid jail time.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Posession In Texas and DUI

    Quote Quoting areese
    View Post
    When I refused the breathe test I was arrested. The officer never said what I was arrested for. He told me to turn facing the squad car and the proceeded to handcuff me very tightly and immediately went through my pockets when he found an empty vial that at the most had some residue in it.

    I do not know what was in the vial as it was not mind. I have two witnesses that can confirm this and they have provided letters to my attorney.
    How exactly does that work? Two witnesses saw somebody else put cocaine in your pocket, yet you didn't know you had it?
    Quote Quoting areese
    Also the officer contact my wife and said I had been arrested for failing a field sobriety test and they found a half filled vial of cocaine.

    When I was read my charges at the police station no charges was filled for the posession also another officer said " there maybe other charges once we find out whatever that was in that vial which contradicts what the officer told my wife.
    No, it doesn't. It is likely that the first officer was referring to the field test which indicated that you had cocaine, and the second officer was referencing an official crime lab test which would confirm that it is cocaine.
    Quote Quoting areese
    View Post
    What are the chances of getting the DUI charges reduced and what type of punishment is likely for the empty vial for a first time offender of any criminal behavior.
    If you have no prior record of any sort, you are most likely looking at probation. But you should consider starting drug and alcohol counseling, and attending AA (while keeping a log sheet) now. Talk to your lawyer about that - in these parts, it can help convince a court that you're serious about recovery.
    Quote Quoting areese
    View Post
    What is Texas Law regarding first offense of simple posession of cocaine. The officer wrote in his report their was a usable amount left. However there was really only a residual amount left? The lab test should prove this.

    Also in Texas is there deferred or diversion programs offered to avoid jail time.
    It doesn't matter if there was only a residual amount left, as long as some amount was left. (Incidentally, if you didn't know you possessed the cocaine, how do you know how much was in the vial?)
    Quote Quoting Sec.A481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1.
    (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

    (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

    (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

    (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed 35 is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

    (e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

    (f) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
    Ask your lawyer about possible alternative dispositions for drug cases.

  6. #6
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Posession In Texas and DUI

    How exactly does that work? Two witnesses saw somebody else put cocaine in your pocket, yet you didn't know you had it?
    Had the exact same thought, but just kept it to myself. I suppose he could have just been holding it for a friend, but if it wasn't his, why was it in his pocket and why does he know EXACTLY what is in the vial?

    1. Sponsored Links
       

Similar Threads

  1. Expungement and Sealing: Conviction for Felony Drug Possession in Texas
    By sandmonster in forum Criminal Records
    Replies: 3
    Last Post: 09-02-2009, 07:19 AM
  2. Drug Possession: Possession of Drug Praphernalia in Texas
    By Dr. Dan in forum Criminal Charges
    Replies: 1
    Last Post: 02-01-2009, 02:22 AM
  3. Paraphernalia: Possession of Drug Paraphernalia, in Texas
    By nnck in forum Criminal Charges
    Replies: 1
    Last Post: 09-24-2007, 10:08 AM
  4. Paraphernalia: Possession of Drug Paraphernalia in Texas
    By kodak in forum Criminal Charges
    Replies: 1
    Last Post: 08-07-2007, 07:09 AM
  5. Paraphernalia: Possession of Drug Paraphernalia in Texas
    By ilovewhatido in forum Criminal Charges
    Replies: 3
    Last Post: 01-31-2007, 07:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources