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  1. #1
    Join Date
    Oct 2017
    Posts
    2

    Default DUI Charge Based on Use of Marijuana

    My question involves criminal law for the state of: Montana. So this actually has multiple parts.. to start off 2 years ago I was picked up on a dui, paraphernalia, and trespassing charges, to wich I had plead not guilty too. Since my initial stop my court has been set back time after time now going on 2 years. My lawyer filed a speedy trial which was denied, (buy our new district attorney, who I also believe is discriminating against me because he don't like my dad ,he's even mentioned to my lawyer he don't like my family,). The previous DA however agreed with my lawyer. My question is did the day violate my civil rights and if so what steeps do I take? Secondly I have gone to trial (finAly) but my marijuana pipe was illegally sized outta of my truck by an officer who did not have his body camera on. Now while my arresting officer was on stand he testified to smelling marijuana however not once while he was in the initial stop did he mention it, he only stated I smelt like alcohol. It was not until the second officer came with my pipe did they ask for permission to search my car and they demand a blood test from me... Iso there miss conduct on the officers part? Also how do dui of marijuana work?

  2. #2
    Join Date
    Jul 2010
    Posts
    6,754

    Default Re: DUI Charge Based on Use of Marijuana

    It is not the DA's call on whether to grant a speedy trial motion, it is the court's. Did the court side with the state and if so, for what reason?

    The fact the officer didn't have a bodycam on means nothing. Why do you believe the seizure to be illegal? Where was the pipe when the officer found it?

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,512

    Default Re: DUI Charge Based on Use of Marijuana

    First off, I can’t tell whether you are trying to use some speech-to-text phone app, you are just a really sloppy typer, or maybe you were drunk and/or high while posting. Either way, you post is rather incoherent and difficult to understand. Be that as it may, I will try to address some of your points as best as I can make them out.

    The DA’s personal feelings toward you or your family is irrelevant unless you can show actual evidence of discriminatory or malicious prosecution. You will need to speak with your attorney about anything you feel is such evidence.

    That your speedy trial rights were violated seems unlikely. If such were the case, I feel confident your attorney would have brought it up prior to the start of your trial. Since your trial has commenced, I have to assume that either your attorney did not feel bringing such a motion was appropriate or the motion was denied by a judge.

    The cop was under no obligation to mention to you if he smelled marijuana there on the side of the road. He has now testified under oath in a court of law that he did. Do you have any evidence to show that he didn’t? He likely also testified to other observations that he made prior to or during the stop that he did not explain to you there on the side of the road (watery eyes, flushed facial complexion, unsteady walk, for example). The fact that he did not point out these observations to you while he was still conducting his investigation is not evidence that he is now lying about them.

    You state that the pipe was “illegally sized” but give no factual justification for that claim. Are you basing that claim just on the cop’s failure to immediately mention he smelled marijuana? In any event, whether the pipe was illegally seized or is admissible as evidence is something that you should have discussed with your attorney prior to the start of your trial. As with the speedy trial issue, since your trial has commenced, I have to assume that either your attorney did not feel bringing such a motion was appropriate or the motion was denied by a judge.

    Nothing in your post shows any misconduct on the part of the officer.

    Finally, I have no idea what you are asking regarding “Also how do dui of marijuana work?”
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