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  1. #1

    Default Charged With DWI Drugs When Not Driving a Vehicle

    My question involves criminal law for the state of: missouri

    Long story short, me and my girlfriend who I have a baby with had been fighting. She ended up hitting me with her car and wouldn't let me see my baby. I was under the impression I would have to go to court to be able to see my daughter. I went to the police station to get a copy of the police report. I walked in and was denied the report when I had told them my lawyer needed it the got up set stepped out of the office and slammed me up against the wall and arrested me. I had no idea what I did and was completely sober.

    After I refused to talk until I talked to my lawyer he let me call him. As I talked to my lawyer about whether or not I should do a blood test the officer had hung up the phone. At this point I was extremely upset and started to call him names. I ended up doing a blood test but have not gotten my results back. He ended up letting me walk out but gave me a ticket for dwi (drugs) I'm not gonna lie I had partied the night before. Not sure what to do, I'm thinking about trying to fight it. I'm currently on unsupervised driving probation for no insurance and don't want to lose my license. I need a job to support my girlfriend and daughter.

  2. #2
    Join Date
    Jun 2014
    Posts
    2,991

    Default Re: DWI I Was Not Driving

    Do you have court ordered visitation? If not, I'm not sure why you had to get a copy of the police report. Even when the mother is agreeable to visitation without a court order. It is best to go to court and obtain one. The court will also tell you how much child support to pay. If they have not already.


    If you had drugs in your system and were acting irrationally. When you tried to see your daughter. I do not blame the mother for protecting her daughter. If you go to court for visitation. The Judge may or may not order you to get drug counseling before you can see your child unsupervised.

    Expect your drug test to come back showing at least the drugs you used the night before. It does not matter if you were not driving. You are suppose to control yourself and your actions.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,269

    Default Re: DWI I Was Not Driving

    While it is true that a victim or a suspect might have a right to see the report, the proper way to obtain it may well be through discovery or via their attorneys and not at the police department. I am not familiar with the law in MO, but in many states the local police departments do not tend to hand out copies of reports so long as the matter is still an open court case.

    As to why the OP was arrested at the department, I can only speculate. I'd say it is likely that the OP exhibited some of the objective signs of drug or alcohol impairment that gave rise to the presumption of DUI or being high.

    He needs to consult legal counsel.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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