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  1. #1
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    Apr 2009
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    Default DWI Drugs Charge

    My 17 year old son was pulled over for no apparent reason. He was in the car with his friend on their way to school. They apparently just finished smoking a bit of weed - the cop pulls them over and arrested my son, the 17 year old driver and issued an appearance ticket that says DWI Drugs. They search both boys and the vehicle 3 times and find nothing, the police officer says he pulled them over b/c he smelled pot in the car - give me a break. My son has to appear in court next week - Can anyone tell me what will happen, will this go on his record? will the fine be reduced? do we need an attorney? oh, they made him take a urine test at the station which i'm sure will probably come back positive.

  2. #2

    Default Re: DWI Drugs Charge

    Unbelievable...... your kid is caught smoking pot and your upset that the cop pulled him over "no apparent reason" get your priorities straight. Also you might ask the cop why he pulled your son over, I bet he has a better answer that no apparent reason

  3. #3
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    Sep 2005
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    Default Re: DWI Drugs Charge

    Quote Quoting upsetmomnr
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    My 17 year old son was pulled over for no apparent reason.
    I can pretty much guarantee you that the officer articulated a reason for the stop. Most officers are not dumb enough to write a report that says, "I stopped some kid for no reason ..." So, when his attorney obtains a copy of the report, that will be known. How strong the suspicion was to support the stop is another issue.

    He was in the car with his friend on their way to school. They apparently just finished smoking a bit of weed
    Just wonderful! Smoking some weed on the way TO school, and in a car!!!

    So, mom, I assume he is grounded for life right now?

    the cop pulls them over and arrested my son, the 17 year old driver and issued an appearance ticket that says DWI Drugs.
    Your son was not driving and he was arrested for DWI drugs?

    What is the code section on the citation, and in what state did this occur?

    They search both boys and the vehicle 3 times and find nothing, the police officer says he pulled them over b/c he smelled pot in the car - give me a break.
    Pot has a VERY pungent aroma, and if someone smoking it in a car drives past you, you WILL smell it. Whether that was the sole reason for the stop, who knows. Your son's attorney can review the report. Maybe the police department or the DA will give you a copy of it. Laws vary in different states, so you might get lucky and get a copy of it before he gets an attorney.

    My son has to appear in court next week - Can anyone tell me what will happen, will this go on his record? will the fine be reduced? do we need an attorney? oh, they made him take a urine test at the station which i'm sure will probably come back positive.
    Without knowing the code section(s) he has been cited for and the state where this occurred, no one can guess. Usually drug diversion is a possibility to defer a penalty and eventually ending in dismissal. However, depending on state law he may still lose his license even if he was not driving.

    Yes, he probably needs an attorney.

    And, since you assume his test will come back dirty, what steps have you taken to punish him for his self destructive, criminal and dangerous act? I ask not only from the perspective of a parent of children who would suffer at my hand far more than they would at the hand of the state in such a situation, but also because the chances of a deal are greater if the state believes that the child is getting proper discipline at home. if they see that you are coddling or accepting his delinquent behavior, you can expect the punishment to be harsher rather than lighter (assuming he is eventually found guilty).

    - Carl

  4. #4
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    Apr 2009
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    Default Re: DWI Drugs Charge

    the state is NY and on Ticket it says Violation of Article 31 Section 1192-4 DWI Drugs - Fld Desig Lane - the kids were not smoking in the car they did admit to smoking a bit prior to this so they may have infact had the smell on them. The punishment is taking the keys away from him and not driving for how long i'm not sure.

  5. #5
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    Apr 2009
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    Default Re: DWI Drugs Charge

    my son was the driver the other kid was taken in police car to nearest exit and let out of police car

  6. #6
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    Default Re: DWI Drugs Charge

    Quote Quoting upsetmomnr
    View Post
    the state is NY and on Ticket it says Violation of Article 31 Section 1192-4 DWI Drugs - Fld Desig Lane - the kids were not smoking in the car they did admit to smoking a bit prior to this so they may have infact had the smell on them. The punishment is taking the keys away from him and not driving for how long i'm not sure.
    What is "Fld Desig Lane"? I assume that's shorthand for the officer, possibly mentioning that he saw the vehicle in a lane other than the designated or proper lane?

    In any event, he will have the opportunity to make his arguments at trial or take a plea deal.

    - Carl

  7. #7
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    Apr 2009
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    Default Re: DWI Drugs Charge

    do you know what kind of plea deals they usually make? since he is under 21 and in the state of NY anything that has to do with a dwi or dwai will automatically suspend or revoke his license for 1 year.

  8. #8
    Join Date
    Jun 2008
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    273

    Default Re: DWI Drugs Charge

    Quote Quoting cdwjava
    View Post
    What is "Fld Desig Lane"? I assume that's shorthand for the officer, possibly mentioning that he saw the vehicle in a lane other than the designated or proper lane?

    In any event, he will have the opportunity to make his arguments at trial or take a plea deal.

    - Carl
    Failed to use Designated Lane?? Vehicle and Traffic Law § 1128 http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS

    upsetmomnr: You have every right to be upset - I'd be pretty damned upset as well, in fact I'd be absolutely livid. Driving while under the influence of drugs, and apparently doing a poor enough job to get noticed by the police, would certianly p*ss me off. Luckily, the officer was there to prevent a possible accident and I hope your son can beat his drug habit.

  9. #9
    Join Date
    Aug 2006
    Posts
    563

    Default Re: DWI Drugs-Westchester County, New York

    what was the charge based on? what evidence?

  10. #10
    Join Date
    Apr 2009
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    9

    Default Re: DWI Drugs Charge

    there is no evidence the kids had nothing on them or in car - he pulled them over and said he smelled pot in the car - smelled pot while they driving? maybe he didn't like the way they looked who knows. Like i said they searched both kids and the car inside out 3 times and nothing was found.

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