Dwai

I can't believe it. I was arrested (for the first time in my life) last night for Driving While Ability Impaired (DWAI). I didn't have a drop of alcohol in my system at the time, but had been smoking weed prior. I don't really want to get into every minute detail, but I was getting off the expressway around 12am, on my way to get a few things from the grocery store, when a Monroe County sheriff who was apparently behind me saw me veer slightly off to the side of the road (not because I was messed up, but because I was trying to change tracks on my phone, which was connected to my car stereo). This was enough probable cause for him to pull me over. He approached the driver's side window and put his head down at level with mine, and apparently he could smell that I had been smoking, since one of the first things he asked was "when was the last marijuana hit?" I responded, not really having much time to think, "about an hour ago." He went back to his car for and a few minutes, and by the time he came back another sheriff's car had arrived with two officers. I was asked to step out of the car, where I was then given a field sobriety test on the side of the road, which I pretty much bombed. I could barely follow orders because I was so nervous and humiliated, being pulled over right next to a busy exit. I literally never felt more humiliated in my life, and then even more so when I was asked to turn around and place my hands behind my back. I was then handcuffed and placed into the back of the sheriff's car to be taken 20 long and uncomfortable minutes to the nearest sub-station where I was booked, given another, more detailed sobriety test (complete with urine sample), fingerprinted, photographed, and then released after approximately two hours. My car is still at the place where it was towed, and I cannot pick it up until Monday morning since the shop is closed for the weekend. But that is nothing, really, compared to what lies ahead for me, since I will now likely have to pay a $300-600 fine and probably have my license suspended for 90 days. That, on top of having my insurance go up by who knows how much, and having a criminal record.

I am not sure which route I should even go at this point, and whether I should get a lawyer or simply plead guilty and go with whatever they give me. The prospects of having my license suspended for three months is the worst thing of all, and if I am to continue driving during those three months, I will likely need a "conditional license" which will allow me very limited driving privileges (going back and forth to work, etc.)

I cannot believe how fucked up I feel over this. I cannot sleep, and I am just really depressed and regretful of using such bad judgment, completely forgetting that this is St. Patrick's Day weekend and that the cops would be out on the road full-force.

From this point forward, it's the straight and narrow for me. I have smoked pot since I was 15, and at this point I feel it has had more of a negative impact on me than a positive one. I have already greatly curtailed my use of alcohol, and now it's time to give both of them up completely altogether. I just wish it didn't take this to bring me to my senses. I am not blaming marijuana for any of this, I am blaming myself and my lack of judgment.

Anyway, please keep any nasty words and criticisms to yourselves. I already know I fucked up, and I was reluctant to even post this. Right now I am simply looking for some advice as to what I should do from this point forward. I am not looking for pity or sympathy, because I am the one who messed up.

Thanks in advance.

 

I have no advice really, but what a fucked up world this is if you have to go through all that shit just for having a smoke.
A police force should go after real criminals instead of having their little powertrips.

 

damn, that sucks.

i would probably go with the lawyer.

 

Well you have my sympathy anyway, I'm sorry Anyway, we in the netherlands can already get fined for being busy with your phone while driving (especially being on the phone not handsfree of course but also when they see people drive sloppy and see them busy selecting tunes or something... It's not the same over there? Unfortunately I don't have any advice how to handle things best.

 

the test needs to come back positive with 5 nanograms of THC per milliliter of blood.. if it dont.. the system cant win a dui weed case with a urine sample..

 

You should probably get a lawyer, but I think the lawyer will tell you to plead guilty and try to get you some kind of deal. You did admit to them that you had been smoking weed and then failed the sobriety test and obviously your urine will show that you have weed in your system. It's stupid they make such a big deal out of something like this, but it also sounds like you were very stoned. I would probably fail a sobriety test while stoned too or any other simple task but I also don't drive.

That's the one thing I miss of DR, nobody would ever get arrested for something like this, you would just pay the police and go on your merry way.

 

I'd say tell the judge you have seen the light. You realize that alcohol and MJ have impaired your thinking processes and you are going to go to AA and get help immediately and of course you're extremely sorry for putting youelf and others at risk. In other words--just what they want to hear. Or get a lawyer to stand up and say this for you and get a deal where this will disappear from your record after a certain amount of time. The actual druggie that was kicked out of our family after a number of years, did a years worth of meetings and her record is now clean.

Of course never try to be funny in court. Friend of mine replied "yes,your majesty" in answer to a question from a judge. Went badly for him.

 

^^Yeap.

 

Visit normls website and see if you can find a lawyer in your area. If they're nice enough they may give you free legal advice. The judge may also give you the option to do pre trial intervention if it's offered in your state. Your licence may still get suspended but I don't think anything shows up on your record if you do pti.

 

good

 

Man, I hate hearing that. I usually try to have a mint and air out a bit before I drive after smoking but I could see myself falling into a similar situation, for sure, so no judgement from me. I have limits for myself and won't drive if I'm at a certain level of high but I do sometimes drive while a little high. I try not to do it at all, though. I get too paranoid and it's actually just terrifying. I've actually never heard of someone getting arrested for driving while stoned, but I also don't know anyone who'd actually admit to it, lol.

If you are in a position to get a court-appointed lawyer, that's the route I would take. They might be able to get your charges dropped to lesser offenses and possibly argue your case to keep your driver's license. A judge can also likely set up a payment plan for you if paying your fines and court fees all at once isn't feasible.

 

I hope everyone who dislikes my post gets hit by an impaired driver

 

This happened to my brother recently, almost exact same situation. I can tell you whatever you are curious about if you want to PM me. Ive been field tested in public and arrested more times than I can even remember and it's always pretty bad, I hate the fucking police with a fiery passion and it gets stronger all the time. Anyway, you werent caught *with* drugs (or you would not be free to post this, lol) so thank God for that, as this is your first offense you likely will not be put on probation. You will likely have to attend NA / AA meetings which is a MAJOR drag and / or driving school, and may have to perform 20 - 30 hours of community service. A lawyer will ultimately not be worth the expense, I recommend you plead guilty and pay the fines and only approach a lawyer if you are sentenced to a probation period (very unlikely). Most misdemeanor charges are dropped from the 'record' in question, i.e. the public access record, after a certain amount of time and is not something you have to pay for, that only applies to felony convictions (I should know, I have a second degree lol). Anyway, all of it is easily taken care of, you can establish a payment plan for a very low rate on a per-month basis, obtain the work license permit, and this will be behind you in no time. Sorry to know you went through this last night, it is absolutely humiliating to be arrested in public, I'll never forget when I was arrested in a 5 star hotel lobby for 'negligent homicide' (later dropped of course) and hit-and-run, and that was just the icing on the cake before I was taken to the station, and then transferred to the prison, where being searched upon arrival was just as humiliating as the arrest, never mind the whole time I was under the impression I was being charged for what is basically pretty law language for 'careless murder'. I think your resolve to go sober might be a bit extreme as a reactionary measure, I've been in withdrawal while locked up and they never broke me haha nah, if it's really what you want to do then more owner to you, nobody needs drugs in their life if they are deeply conflicted about them. Just take a deep breath, accept your fate and soothe your nerves with some tea or something, your a free man right now and although I don't bring it up often, it has had a profound effect on my outlook on life Matt, now you know first hand how quickly all that we take for granted in living 'on the outside' can be violently taken away from us; I am living with a brutal felony for the rest of my life, and it was not even my fault, I had nothing to do with, was just driving back to a hotel, happy on my first vacation from my work ever and had only been there for a few hours, and suddenly out of nowhere someone jumped in a suicide into my car and less than an hour later I was in a holding cell, and within a few hours after, was in prison, totally astonished, terrified and uncertain if I was even really awake or dreaming. I can't imagine what it must be like for people who have done real hard time, especially parents of small kids upon being removed from society. It's something people generally never think about and you only realize just how fucking beautiful your life, no matter how poor your lifestyle and living situation may seem, really is until you are forcibly separated from it, caged, and viewed as a criminal. I've said oh before and I'll say it again, FUCK the MOTHERFUCKING police! I'd spit in their fucking faces if I could get away with it for every fucking innocent or harmless peoples lives they have devastated and ruined all over money and a list for power and revenge. Sick bullies is all they are. I don't even feel the prospect of the notion of the beginning of the feeling of a hint of sorrow or empathy when I hear a cop's been blasted, I applaud. Yes 1 out of every 100 cops seem 'ok' to us because when we happened to interact with them they were in a good mood, but I've both witnessed and been subjected to not only their corruption and racism, but have been subjected to their physical violent abuse in my youth and was forced to sit and watch them beat my black friend once do badly he was bleeding from the mouth and had difficulty walking afterwards all over finding personal-use amounts of drugs on us.

 

That's a pretty terrible thing to wish upon someone.

PR, like I said, I hate hearing all this, but hey, some good's coming out of it. You've learned better and I've also taken a step back and thought about it. I think I'm going to try to take my doing it rarely to never. It doesn't take that long to get to a safer state of mind and you can do it even quicker by eating something. There really isn't an excuse for it.

 

^ sorry for spelling mistakes and auto fill words, on my iPod I hate typing on this piece of shif but wanted to talk to you about your trouble. I hope you feel better soon Matt, your a good dude and don't deserve to have your sense of normalcy interrupted line this over such trivial bullshit

 

they aint got anything but a failed fst and a week old urine.. pick 12.

 

Pressed_Rat, do you feel your treatment was unfair? If so, what should have happened IYO?

 

Where did I say or even allude to that?

 

Don't admit to anything or plead guilty at this point. That's what police and prosecutors want you to do and will try to trick you into doing.

Police operate on the assumption of guilty until proven innocent. They also like to ask loaded questions such as 'how recently were you smoking weed?' that trick a person into admitting guilt, even if the person may not have done such things. It's like 'Have you stopped beating your wife yet?' They use it against you in court where jurors usually believe the police rather than the defendant, even if you didn't do what they tricked you into 'admitting'. They also like to put the person off-balance. When someone is nervous they can be made to say just about anything.

Find a lawyer who specializes in DUI. Some will donate time to those who can't afford it as part of the practice of the law firm. They can try to undo or mitigate whatever has already happened during the encounter. It's best to find one early in the process because it is easier to undo mistakes a defendant may have made earlier in the judicial process than later.

Assuming you somehow end up convicted, after all your obligations related to this case are met, you likely can have the case sealed so that employers won't be able to see it, if it's your first conviction.

 

BBAD, your fictitious authority (that you perceive as real authority) has gone to your head.