eastcoastseeds
- 158
- 63
just wondering what i am looking at. it was in nevada county and just wanna know if there is a difference between weed dui and alcohol. any help is appreciated
ttystikk
- 6,892
- 313
Lawyer up and go on the offensive- your case just might be setting precedent.
Cort
- 1,444
- 163
Wish squiggy would get off his ass and create a test for weed that shows the difference between metabolites and intoxicated. Having a beer last week and getting DUI for it today:rolleyes:
+2 on lawyer up, say nothing to the cops
+2 on lawyer up, say nothing to the cops
eastcoastseeds
- 158
- 63
any good lawyers around the nevada county area even a good sac lawyer?
darkmatter
- 309
- 43
Did they test you or find some used bud "evidence".i got a drinking DUI on a bike once had to go to class and all judge was full of it cause my license never went bad a few months later I got stoped and asked the pig "who went to jail later on for dealing,no shit" if my card was bad it wasn't.i didn't have a car anyway. I hope it's not to bad for you
Seamaiden
Living dead girl
- 23,596
- 638
Legally, I don't see how you can be charged with DUI for just smelling like weed, you would have had to have tested positive, right?
Look at Pier 5 Law Firm, out in SF Bay area for local referrals. Or, find a local attorney and ask them for a consultation. Most will do it for free or at worst a C-note.
SoCal 420
- 827
- 93
It's all in the details... Which you didn't provide. I'll lay it out for you and you can decide the route to take based on the circumstances. D.U.I. in California is the same for Weed as it is for Alcohol. Here is A link for you explaining that >>> http://www.shouselaw.com/dui-marijuana.html
The burden of prof is on the D.A. and he / she decides if they will proceed with the case based on "Evidence". They basically want A slam dunk, not A jury trial. If their is no evidence / proof (blood or urine in this case, unless the cop smelled your breath, literally, like breath in my face) they will drop the case. Your out is something to the extent of "I was at A band practice (people you know) and they were smokin' and A playin' in the garage where they practice, Did you smoke? No... I was just their and headin' home after the jams"... If this is the circumstance (No Proof) plead Not Guilty and ask for Public Pretender because you can't afford an attorney...;) Save your money, lay the story on him and "Stick to It"... case closed. If they do have proof as stated above your going to have problems... Good Luck man!
eastcoastseeds
- 158
- 63
ya they took blood and they found herb onme but they gave me my herb back. i passed the field test other then the eye followin the pen bs. they got me at the end of the ay im jus curious if anybody else here has been charged for dui for weed
datDANK
- 240
- 43
they took your blood??? the fuck??? i'm sure you could had said NO hell .. go fight some actual crime
ftwendy
- 1,495
- 263
Brother... you NEVER should have consented to that blood test. I know refusing it means putting your license in limbo, but so does the dui they now have 'proof' of.
Classic Remix
- 1,800
- 263
Human rights, tell them to fuck themselves or get a warrant if they want your blood.
People, though, this world does suck, I am not fucking shitting you, when I was in 9th grade in a really shitty state, I was charged with ASSUMPTION of consuming cannabis. Never got tested, nothing. Spent twelve days in jail then told them not guilty and to drug test me... They didnt even do it. 1 year probation. Talk about rights being fucking violated. Don't ever go to Idaho regardless of how beautiful it is. Haha
People, though, this world does suck, I am not fucking shitting you, when I was in 9th grade in a really shitty state, I was charged with ASSUMPTION of consuming cannabis. Never got tested, nothing. Spent twelve days in jail then told them not guilty and to drug test me... They didnt even do it. 1 year probation. Talk about rights being fucking violated. Don't ever go to Idaho regardless of how beautiful it is. Haha
SoCal 420
- 827
- 93
Do yourself A favor and use the link man... It is A Ca. law firm that specializes in criminal marijuana and D.U.I. cases... Lot of info right on their web page!
>>> http://www.shouselaw.com/chemical-test-refusal.html#penalties <<<
4. Can the Officer Force Me to Submit to a Chemical Test Against My Will?
Yes…assuming three conditions are met:
1. That the circumstances require prompt testing. (in this example, confirmation of suspicion)
2. That the arresting officer reasonably believed that you were driving under the influence. (in this example the officers observation... smelled it)
3. That the test was administered in a medically approved manner in accordance with a lawful arrest. (qualified nurse on staff @ P.D. to administer chemical test)
A blood test is the only chemical test that could forcefully be applied. People have too much control over how they provide a breath or urine sample to force either of those chemical tests.
Let us explain how these three requirements are actually met.
With respect to the first, the California Supreme Court held that “the percentage of alcohol in the blood begins to diminish shortly after drinking stops, as the body functions to eliminate it from the system” 5. (Remember! DUI law is the same for any substance, alcohol,weed, speed, pharmaceuticals, no difference) This theory serves as the basis for why prompt testing is required.
The arresting officer will rely on his/her observations to support the second requirement. (line #2 above) Your objective symptoms of intoxication, the manner in which you drove, and your performance on the FSTs will support the officer’s reasonable belief that you were DUI.
Finally, as long as you were lawfully arrested, a forced blood draw is legally authorized so long as (1) there is no unreasonable risk of infection or pain 6, and (2) the officer doesn’t employ “excessive” force to do so 7.
>>> http://www.shouselaw.com/chemical-test-refusal.html#penalties <<<
4. Can the Officer Force Me to Submit to a Chemical Test Against My Will?
Yes…assuming three conditions are met:
1. That the circumstances require prompt testing. (in this example, confirmation of suspicion)
2. That the arresting officer reasonably believed that you were driving under the influence. (in this example the officers observation... smelled it)
3. That the test was administered in a medically approved manner in accordance with a lawful arrest. (qualified nurse on staff @ P.D. to administer chemical test)
A blood test is the only chemical test that could forcefully be applied. People have too much control over how they provide a breath or urine sample to force either of those chemical tests.
Let us explain how these three requirements are actually met.
With respect to the first, the California Supreme Court held that “the percentage of alcohol in the blood begins to diminish shortly after drinking stops, as the body functions to eliminate it from the system” 5. (Remember! DUI law is the same for any substance, alcohol,weed, speed, pharmaceuticals, no difference) This theory serves as the basis for why prompt testing is required.
The arresting officer will rely on his/her observations to support the second requirement. (line #2 above) Your objective symptoms of intoxication, the manner in which you drove, and your performance on the FSTs will support the officer’s reasonable belief that you were DUI.
Finally, as long as you were lawfully arrested, a forced blood draw is legally authorized so long as (1) there is no unreasonable risk of infection or pain 6, and (2) the officer doesn’t employ “excessive” force to do so 7.
*Incidentally, even if you know that you aren’t guilty of DUI and are therefore being unjustly arrested, you are still required to submit to a chemical test if you have been “lawfully” arrested.
A “lawful arrest” simply means that the officer had “reasonable cause to believe” that you were impaired by drugs and/or alcohol at the time you drove.
eastcoastseeds
- 158
- 63
thanks for all the help. i am gonna have my court shit after my dep harvest so ill throw money at it till it hopefully goes away. if not ill hopefully not get much jailtime
ftwendy
- 1,495
- 263
That's some solid information SoCal..... I had no idea drivers didn't have the right to refuse a blood draw. Frightening.
Good luck ECseeds.
Good luck ECseeds.
SoCal 420
- 827
- 93
I wouldn't sweat the jail time... If you just fold and plead guilty, first offense is 48hrs. and is usually waived (time served when you are arrested) fine $1500 give or take... DUI school, 18mo. once A week... you pay A fee for that class. (all about the $$$ for the city you got hit in bro...) Can't miss or you start over! This is all first offense by the way, things change after that. A lawyer could possibly get it reduced to something less than DUI on A plea bargain because they (the man) have A hard time proving the level of intoxication... Pricy to say the least. Good Luck, hope it works out in your favor ;)
eastcoastseeds
- 158
- 63
ya i have a pot dui in p.a as well tht should probably show up. i might have to sit down for like a month
reeldrag
- 273
- 63
Yes it will show up all the systems are tied together for drivers licenses. since this is number 2 GET A LAWYER i have 2 as well i didn't get a lawyer and got hammered by the courts. You can not refuse a blood test they will strap you to a bed and take it I know that for a fact!! it took 5 cops and a nurse to strap me down. I tried telling them it was against my religion and that if they took my blood they would be condemning me to hell they said enjoy my stay there.
Dale Earnhardt
- 5
- 3
I got one in Tennessee last week,he said I smelled like weed,it was from the night before,I had just gotten up and had not had time to smoke yet.I denied the blood test simply because they cant tell when in the fuck I smoked.They passed a new law here where you cant deny a blood test but he sure let me.From what I understand they can even use restraints even if you dont volunteer under this new law my state has...good luck and get a good lawyer
xX Kid Twist Xx
Premium Member
Supporter
- 3,581
- 263
had a buddy get on in CT. it sticks just like drinking. he refused the urine and they took his licsense for 6 months plus he wasnt eligble for that 1st timers program or any work drivers permitt stuff.everyone was like thats crazy they cant do that,but they did quick fast and in a hurry. they even charged him for interfering with a police officer for spraying ozium. had the bottle at court as evidence.
if your gonna smoke in your car roll the windows down and turn off the a/c or heat vents or at least turn off the recycle so the smell dont linger. you dont got to roll them down all the way, sunroof open with a couple down a bit should be enough. dont use a bowl roll joints or blunts
if your gonna smoke in your car roll the windows down and turn off the a/c or heat vents or at least turn off the recycle so the smell dont linger. you dont got to roll them down all the way, sunroof open with a couple down a bit should be enough. dont use a bowl roll joints or blunts
Cort
- 1,444
- 163
Supreme Court says they have to get a warrant for a blood draw.
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