If It wasn't Hard Enough Being a College Student....

Yah, so if life as a student wasn't hard enough......
Driving down highway 87 going home for Christmas "vacation" I was pulled over for having a tail light out, and almost instantly the officer mentioned smelling marijuana. I had not smoked in the car, and did not have any knowledge of anything illegal in the car. Thats when he asks me to step out of the car and gives me the warning about tail light, along with his so-called sobriety test. After looking at my tongue and watching me count to 30, he somehow concludes that I am under the influence and proceeds to search my vehicle without my permission. Thats when he finds a tiny pipe that I lost a few weeks ago and just forgot about it....that's it, instant arrest. So he takes me down to the station and forces me to take a urine test, or else he would get a warrant to take blood, which scares the hell out of me. So I succomb to the drug test knowing that it would probably turn up positive after smoking less than a week prior. At this time I did not know about the ridiculous DUId law, and I thought the test was just to charge me with posession. So after being stressed out about this for almost four months, they are still waiting for the test results, and once they do I have the option to go on diversion for the paraphanelia charge, but I must plead guilty to DUId, which basically has the same penalties as a normal DUI, even though I was NOT DRIVING UNDER THE INFLUENCE. So basically this metabolite business is unlawful, and I must find some way to fight this, and really, really don't have the money for a lawyer. So all I'm asking for I guess are people's thoughts and suggestions on the subject.
Thanks


"Going to trial with a lawyer who considers your whole life-style a Crime in Progress is not a happy prospect."

 

What state is this?

I know of a few states with internal possesion laws which are exactly like what you described. If you fail a drug test you are considered under the influence even if its a month after you last smoked. Its a pretty terrible law if you ask me. I feel bad for you. Theres gotta be somethin you can do.

 

It's in Arizona, one of the five states that have the no tolerance law that says any metabolite in your system (THC) is grounds for a DUId.

 

Yeah New Hampshire has a law like that but I heard a fact on the radio that NH has the highest percentage of pot smokers than any other state.

 

wow thats beat up man.
good luck

 

thats just because it is less populated than most other states. i bet NY, NJ, PA, MA, CA, TX, FL, all have alot more potsmokers than NH but its a lesser percent beacuse they also have more people.

 

Its a ratio how many people out of every 100 smoke pot. Their ratio happens to be higher than other states. I know that it doesnt take the total amount of tokers into consideration.

 

dude i don't have any ground breaking advice for you, but i will say that sucks some serious ass. i feel for you, genuinely. i just hope you can get or have a great lawyer who can argue it well for you. best of luck.

 

if he didn't have your permission to search the car then you should be able to get the paraphanelia charge dropped. good luck

 

Yah, you would think so, but a piggy's little fine-tuned nose and his sixth sense that told him I was high is most likely probable cause for the shitty little po-dunk town court I got caught in. Oh man I'm reminded of how shitty that day was. I left Phoenix with a seven hour drive ahead of me when my car started overheating. So I had to spend a few hours finding out what was wrong and replacing my thermostat in the parking lot of autozone, and not an hour later I see those damn flashing lights. So, all greasy and tired that muthafucka profiled the shit out of me.

 

Hey dude,

Sorry to hear about your misfortunes... You know, I personally welcome you to just pick up (after school of course) - and move out here to Canada..

You know, the best way for you guys to win the drug war, might just be to surender (and leave).. then you'll have a small country with a few conservative ahols left... and they can celabrate on thier own...

Anyhow, good luck and
peace
Soc

 

Dude, I feel for you. Being in college can be a bitch, financially and mentally, adding something like this would be so fucking lame. But this does remind me...


If you smoke in your car at all, it might be wise to have a cigarette or two in case a cop pulls you over. The cop can't smell weed if you have a cigarette lit up, and if he can then you probably shouldn't be driving around with that dank of bud. But seriously, it helps that I smoke cigs, but if you just keep a few around they can help you not get busted.

 

What's the weather like up there this time of year? Any good skiing spots around you? This shit's really got me thinkin.....haha

 

I'm pretty sure if you got a lawyer dude, they would throw out the evidence against you because he just search ur car without permission...

 

Hey dude,

Definatly... we welcome all hippies, freaks and weirdos... The weather right now is awesome... spring is good... (right now were at about 10 degreese celcius... which is (not sure in farenhight)...

Summers get a bit too hot... fall is awesome.. Winters suck real bad though... Think Buffalo (well, not that bad, but close). I'm up in Ontario, but, if your thinking of coming out our way... BC is the place to be... the mountains are breathtaking - and if you like skiing, thats your spot. If a cop see's you smoking a doobie (they pretty much always turn a blind eye)... I've been caught a few times.. they don't even mention it... belive it or not, I was at a party once, and there were two cops there (they proved it to me), and yes... both of them were toking too... I guess you can say its part of our culture... we even have an official political party here called the BC MJ party.... but thats another story.

Anyhow, yea, whatever you study at school... I'm sure we can use here... Who knows... I know you guys have been fighting the drag war for years... perhaps a new stratagy could be "we give up... ok... were leaving". Now, if all the cool folks in the USA came here... (we can send some of our conservative pricks your way)... It would be such a nice country...

 

A cop doesn't need permission to search, just "probable cause" they can claim they smell something when there's nothing there to smell. If they find anything that makes them right, if they don't its no skin off them. Cops invaded my house claimed it was a 911 hangup, and then forgot all about it when one of them said he smelled pot. They didn't even have the right phone number, they said "we can have a drug dog here in 5 min., its waiting at the corner." Why bring a drug dog on a 911 call? Get a lawyer, one who has had lunch with the judge, and has contributed to his/her campaign for office.

 

I remember hearing smell isn't probable cause, it's not illegal to smell like marijuana, barry cooper said. Also, if he claimed he smelled the odour of burnt marijuana, which is different then fresh, then there's no logical reason to suspect you were in possesion because the sustance would've dissipated. How can you search for something that doesn't exist, there was a case like that and it got thrown out for that reason. I have a bad feeling you've been raped by a rogue cop and that law is ridiculous and should be changed. Perhaps if you said you don't consent to a search it would be on his dash cam and you could mention that in court. Good luck anyway, hope the penalties aren't too harsh.