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  1. #11
    Join Date
    Sep 2005

    Default Re: First Marijuana DUI Case

    Quote Quoting budwad
    View Post
    I thought you would say that. And the reasonable suspicion of impairment for the SFST was what Carl? Was it his driving or the smell of marijuana?
    The reasonable suspicion for the contact was the driving or other act that led to the detention (the traffic stop). The odor of marijuana just provided grist for further investigation. It was the result of that investigation that resulted in the probable cause for the arrest. It will be up to a court to decide if there is sufficient proof beyond a reasonable doubt to convict ... that is IF the DA files.

    The fact of the matter is that marijuana DUI, heroin DUI, Meth DUI, alcohol DUI, etc. are not possession crimes, they are impaired driving crimes.
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ...

  2. #12
    Join Date
    May 2017

    Default Re: First Marijuana DUI Case

    Did you consent to the blood draw? That's a very important point, and you need a lawyer no matter what you think. Who did the blood draw? Where was it done? Was the odor burnt cannabis or fresh? There are a number of issues an attorney will analyze on your behalf. At your first court appearance plead not guilty and either have a lawyer you've hired, or ask for the court to appoint one if you qualify.

  3. #13
    Join Date
    Jan 2006

    Default Re: First Marijuana DUI Case

    Quote Quoting Fijiannn
    View Post
    Appreciate the information really! There's basically nothing I can say in court against this charge in favor of me? I just feel like everything that happened wasn't fully lawful.

    Okay but we're on this website to hear good news, not the obvious.

    Why would I get a lawyer if you just clearly said, "Nothing here is prima facie exculpatory"

    If you don't got something good to say along with everybody else in the comments, then what will a lawyer? I came on this website for help, not some dickhead to comment stuff we can all find online without your help.
    Some dickhead comment? Seriously? The guy was explaining to you that nothing you presented showed an easy way out which means itís time to hire an attorney to dig deeper and even look at technicalities that might get you off. Other than that itís mitigating damage which means attempting to minimize the penalties and life long effect of the conviction.

    If you want warm fuzzies and lies, which is apparently what you want based on your statement here;

    Okay but we're on this website to hear good news, not the obvious.

    here ya go;

    yep, cop was abusive in testing you. Made you stand way too long just like the knucklehead neighbor was saying. Cop had no basis for stopping you so youíre guaranteed to walk from this.

    Is that what you really want or did you want an honest and realistic opinion? Geez dude, get rid of the chip.

  4. #14
    Join Date
    Nov 2007
    Northern California

    Default Re: First Marijuana DUI Case

    A couple of things.

    The officers observation of 22450(a) VC as well as the odor of marijuana (burnt) as well as physical indications of impairment are all indicators of driving under the influence.

    The SFST, One leg stand, is a 30 second test. So, for how long you should stand like that IS 30 seconds. I hate to say it, but your street lawyer let you down.

    You should have been read your rights anytime after the habdcuffs are put on and incriminating questions are asked. This is typically done prior to the DRE (the dark room thing). Such questions that are related to booking (your social, city of birth, etc) do not need Miranda.

    If you still went to jail following your DRE, it his highly likely the evaluator observed current physical indicators of impairment.

    If you are concerned about your case you should disregard the other 49 states laws and focus on the California laws. You are not being charged with a crime in Washington, so anything you discover from their laws has no bearing on your charges. (9th circuit and Supreme Court decisions do have a bearing on your case, if you can find a relevant one.)

    You should probably get a lawyer.

    And for JK, that's for writing that inspirational response at the end of your last post. It gives the OP everything he needs to feel good.

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