On Dec. 8 I got arrested for DUI-D (driving under the influence of drugs) as well as three traffice tickets. I just got a letter from my lawyer stating that he had worked out a plea bargain deal. I just need to go see him to work out details. My lawyer rules!!!! Here's the kicker: I wasn't even stoned,drunk or on anything. I was stone cold sober. I was wearing patchouli oil and the stupid cop couldn't tell the difference between patchouli oil and pot smoke. I'll be glad to get out of the midwest. Massachusets here I come!
Here's how to beat most minor pot charges. DON'T plea bargin. Go with a p.d., insist on a trial, with a JURY, and petition the court to act as your own co-counsel. They hate that. They'll ALWAYS make 3 plea-bargin offers, each one sweeter than the previous one. The 1st 2 "deals", say "let's go to trial." The 3rd offer will be as low as they'll go. And NEVER NEVER EVER waive time. In most cases, in most courts, they simply don't have to time to try a jury case in the amount of time they are allowed to do so. Lawyers, scum-sucking bastards everyone of 'em, work hand-in-hand with the judge & the prosecution. You're just a cash cow. In your case, offer to plead guilty if they drop the pot beef but insist on a jury trial if they don't (fire your att'y if he doesn't present that offer to the pros.) otherwise. Remember this: -Don't waive time. -Insist on a JURY trial. -Petition to act as your p.d.'s co-council. -Never take the 1st 2 offers.
Sounds like the cop that arrested me. Only he couldn't tell the difference between a sweet tart and xtc.. Sorry you had to deal with that man..good luck!
"DON'T plea bargin. Go with a p.d., insist on a trial, with a JURY, and petition the court to act as your own co-counsel. They hate that. They'll ALWAYS make 3 plea-bargin offers, each one sweeter than the previous one. The 1st 2 "deals", say "let's go to trial." The 3rd offer will be as low as they'll go. And NEVER NEVER EVER waive time. In most cases, in most courts, they simply don't have to time to try a jury case in the amount of time they are allowed to do so. Lawyers, scum-sucking bastards everyone of 'em, work hand-in-hand with the judge & the prosecution. You're just a cash cow. In your case, offer to plead guilty if they drop the pot beef but insist on a jury trial if they don't (fire your att'y if he doesn't present that offer to the pros.) otherwise. Remember this: -Don't waive time. -Insist on a JURY trial. -Petition to act as your p.d.'s co-council. -Never take the 1st 2 offers." This is the dumbest advice I ever heard! Instead of getting a Public Defender, just go ahead and shoot yourself in the foot! ------------------ unless you pissed in a bottle or had a blood test, they've got no case. They must prove you were under the influence. A pigs opinion is NOT proof! tell you lawyer to stuff it, get one who knows what he's doing, and have the DUI-D charge thrown out for lack of evidence.
If you get a DUI here in the North east, you're getting your license suspended, and if its for pot, you'll probably have to go to some drug class or accelerated rehab(drug classes basically) not to mention the fine, which can actually be pretty steep here.
You have to be found guilty beyond a reasonable doubt. When someone is found drunk driving they are given a BA which proves they have a certian level of alcohol in their system. If you were not tested in a manner which would prove you were smoking that night you have very reasonable doubt that you had not been smoking or under any influence while driving.
sucks. especially becuase you werent even intoxicated. Im not going to attempt to give you legal advice, simply because i wouldnt know what the hell id be talking about. but have fun in Massachusetts, it's a fine state indeed.
The word of a police officer counts for a good deal... Think about it from a Jury's stand point... Police officer: 'Well I pulled him over for such and such violation, as I walked up to the car the odor of marijuana was strong and the subject was exhibiting signs of being intoxicated...etc' Stoner: 'It was patcholia (sp?) oil and I wasn't high sir! It may not be enough, but if your in the midwest and the cops are that bad, how do you think the jury is going to be? "A pigs opinon is not proof" That may be your opinon, but can you be absolutely certain of that? If it goes to trial, he will be facing PRISON TIME. Yeah, sure, there's a good chance it may get thrown out or you may be acquitted, but do you really wana risk going to prison? Not to mention, the plea bargain was most likely accelerated rehab or something to that effect. I live in connecticut, got pulled over with a pipe, pot (fogged out car), kid had a can of beer, i've been driving with a florida license for a year, and i almost got felony child endangerment (im 17, one person in my car was 15.) I received 32 hours of community service and 8 drug classes (no drug testing) (Now that isn't any sort of DUI, but some of the people in my drug classes had the drug form of a DUI or whatever. maybe that is DUI i don't know)
yeah fuck kansas but guess what i have my court date in exactly 45 minutes its for a hit and run ill tell you what happened.
Here's the deal. The original charges were 1. Failure to use turn signal 2.Stopping in traffic. 3. Defective equipment(cracked windshield) 4. DUI-D driving under the influence of drugs. They dropped the first two charges. The offer is plead guilty to the the defective equipment charge. $500 fine. Then the DUI-D charge will be an SIS (suspended impostion sentence) which means if I accept that, I have to do some drug education classes and community service but I'll keep my license. The DUI and Defective Equipment charge won't go on my record and no points will go on my record. I'll have two years unsupervised probation which means I won't have to report to anybody but have to stay out of trouble for two years. If I do all that nothing will go on my record. My lawyer advised me to wait and see the results from the piss test and then go from there. I have a witness that was with me and the cop who arrested happens to be the chief of police for that town and has a reputation for being a real a**hole. I'm considering going for a jury trial. My lawyer said that having the judge and jury smell the pathchouli oil and the fact that I'm hypoglycemic and the cops prints are all over my tube of glucose tablets may help my case. I had shaggy hair and a big goatee when I was arrested. I know have short hair and a neatly trimmed goatee. I clean up quite well. A few years ago I went to court against a guy that beat me up. When I showed up with a short hair cut,neatly trimmed goatee and wearing a suit and tie several cops mistook me for a lawyer. My lawyer and his partner have the reputation of being the best criminal defense lawyers in the area. I'll keep ya'll posted.
damn dude that is still harsh where do you live in kansas, I went to the leawood court today and had my hit and run reduceed for a non moving violation and a 200 fine. I probally just got lucky cause i have nothing on my record
Definately keep us posted... Also, disregard my statement about going to trial being a possible no-no... If you have a good lawyer and he thinks a trial is a good thing then definately listen to him. Personally I'd probably plead out because I'm a skinny white guy scared to hell of going to prison.
I won't be facing any prison time. At worst I'd loose my license and get a big ol' fine and have it go on my record. For me its a matter of principle. I wasn't stoned at the time I was driving. Pleading guilty to a crime that you didn't committ is saying that you did something that you truly didn't do. Saying that you did somthing that you didn't do is almost akin to lieing. The next court date is Feb. 16.
Mass? I hope not my area man, cause you will be heavily disappointed, and most likely suicidal in this kind of environment. But I've never been to ks so who knows.
