It was a couple days ago when I was pulled over by a cop. Its originally started as a traffic ticket but upon rolling my window down, the officer asked me, "anything i should know about?" I didn't no what to do so rather than lying to him I said yes there was a little pot. Not to mention there was a some on my lap since it was dark out and the cop had to be an idiot if he missed it. He then told me to stick out my tongue. After sticking out my tongue he told me it was green and that meant I'm high. However I had just gotten off work where my fellow employees can vouch saying I wasn't. Anyway after doing all of his tests, walk the line, the finger thing including circle and side to side, the eye flutter test, and the balance test which I passed he gave me a dui he cuffs me and I'm in the back of his car. They drew blood from my arm and had my mom come pick me up. When my mom got there, the officer walked up to my mom and told her that I in fact wasn't impaired and I passed his tests. So then how can I be getting a dui if I wasn't impaired as said by the officer?

Did you actually receive a citation saying that you were charged with DUI? Or were you only arrested under the suspicion of DUI?

Hell yea I did section 28-1301-a1 something like that

You "did" section 28-1301-a1 or "something like that"? That doesn't make any sense.

Do you have a scheduled court date? If so, what are the charges? If you have physical evidence that you were not operating under the influence, then you can get the charges dropped. But just saying "the cop told my mom..." isn't going to fly in court.

Yes I have a court date, and yes I'm being charged with dui, my question is if I passed his tests and he even told my mom I wasn't high, how am I getting a dui?

Please go back and re-read my last post.

You cannot go into court with your only defense being that the officer told your mother that you weren't high. The officer will deny ever saying it, and besides, that's not admissible as evidence of your innocence. The officer doesn't know until the tests come back.

You need physical evidence that you weren't operating under the influence. You can't just have a few of your friends come into court with you saying, "No, I swear he was stone-cold sober!" The judge wants proof.

Furthermore, passing a test on the side of the road doesn't mean anything. I had a friend get pulled over and pass all of his road test; then he took a breathalyzer. The cop nearly fell over when he saw his BAC because he couldn't figure out how my friend passed all the other tests being as drunk as he was.

Okay so maybe I don't have enough defense to prove anything I just don't get how I can pass a cops tests, 5 of them, and he can still prick my arm and draw blood.

So basically I'm screwed?

Well to be honest, most impaired people think they pass the tests, but to be blunt, you would not have been cuffed and taken in, if you had passed the tests,

Next police officers lie, to get you to confess, to get your mom to say something.

But it is possibe he was trying to make your life easier going home, and just lied to your mom.

But you would get the ticket from the results of the blood test. If the test results is ot back yet, then if the results say you did not have it in your system they can drop the charges,

So yes you need to have an attorney review the evidence

I'm wondering why you were not charged with the "pot in your lap" and your statement of just a little pot to the officer? Did I miss something here or what?

Hello m:

Hire a lawyer. You might NOT be screwed.

excon

Sorry everyone there I didn't fill you guys 100% in. He also charged me with possession of drug paraphernalia, fail to yield from a stop sign, and failure to stay within traffic lane. I'm so glad this is the kind of nation I live in where the cops are such crooks.

Hello again, m:

I don't know. You live in a state where they'll issue you a get out of jail free card for possession of pot, paraphernalia, or driving under the influence. You didn't bother to get one of those... Plus, you didn't have to snitch on yourself, but you did, and you didn't even wait a second. You have the right to NOT say ANYTHING to a cop, but you didn't know that, so you did, and busted yourself. In addition, you have a right to NOT stick out your tongue, but you did anyway.

THEN, all you'd have is a few traffic tickets and we wouldn't be hearing from you. But, you did ALL the things you should NEVER do when confronted with a cop. Nope. You stuck your own knocker in the wringer. You haven't told me anything the cop did that was illegal.

I don't know, Dude. Looks to me like you did a BUNCH of things that got yourself arrested, and you didn't have to DO any of them.

excon

I don't know if you'd say I snitched on myself there was pot in the car and it was quite obvious. I had other in the car that I could have gotten in even more trouble for but cooperation pays off.

..im so glad this is the kind of nation i live in where the cops are such crooks.

... said the pothead. What a joke.

Like ex pointed out, you did a lot of things wrong. And you got caught doing a lot of those things. That doesn't make the cop a crook; it makes you foolish. So you're stuck with your DUI unless your bloodwork comes back clean. Get your head on straight.

Sure it does the cop is a liar so there for he's a crook.

Thanks for your help though fellas you helped me better understand what I did wrong. Next time my windows going down an inch and I'm not saying a word to him not even a hello.

Hey motoxinit,

I agree with you that the behaviour of some officers is downright deplorable and the tactics they use are unfair and just plain wrong.

However, if you are going to engage in the above mentioned activities that you should be more educated on what happens when these things do happen. By your own admission you would have been in more trouble driving the other car and probably would have assisted the officer in booking you then too.

Be more careful and hopefully you have learned a lesson. No matter how unfair the cop was, it was still your poor decisions.

Thank you BMI your deffinitly a lot more open minded then the rest of these people. I know my choice to smoke pot is wrong and I did learn a valuable lesson, you give a cop and opportunity he will take it. However you really want people like this "protecting and serving our community." I'm off to canada!

HEY!! I didn't say nothing about your choice in smoking weed being wrong:) How you go about it needs work(jokes).

Again, I could start an entire thread over the topic of cops and what some of them "represent". I do not like how tis particular one acted towards you and it definitely does not surprise me, rather makes me cringe.

Good luck with all this and try to be very nice to your mom, something like his is very hard for them.

Hello again, m:

The choices you made with the COP were wrong - not your choice to smoke the herb. There ain't nothing wrong with ganja. I've been smoking for over 40 years. I have a medical marijuana permit. I lived in Arizona, and got one there too. I know my rights. You should learn yours too.

Go to my lawyers website, and he'll teach you ALL the stuff you should do when you get stopped by the cops. You can find him at potbust.com.

excon

Believe it or not, you think it was obvous, again a stupid thing to leave it on your lap, ever heard of under the set before he walked to the car.

But the last, thing, the very last thing you do is say when you roll down the window, by the way I have pot in the car.

You know he may not have cared that you had a joint, on small amounts most of the officers I know would have just thrown it out and laughed at how stupid you were

We are not attacking the smoking, we are saying you did everything wrong you possibliy could once you were stopped.

*** and the traffic tickets were the reason he stopped you in the beginning

sure it does the cop is a liar so there for hes a crook

How is the cop a liar? Because you say that he told your mommy that you weren't impaired? The cop can't make that call; that's what the blood test is for.

Stop crying about how bad the cop is. You weren't taken advantage of; you just got caught with your pants down.

Nah see the cop is a liar because he told me I was high. When my mom approaches he tells her I am not high. I'm not saying the judge will believe it or whatever words you want to put in my mouth the cop is still lying. Making him... a crook.

And thanks excon that's exactly what I needed I'm only 18 so my rights still aren't 100% clear to me.

When are you going to realize that no matter what the cop says, it doesn't make a difference? What makes the difference is whether your blood test comes back clean.

And legally cops get to lie, they can lie and lie all day to get people to confess to crimes or get family members to tell them things.

Sorry if being nice to your mom makes you mad. I sort of see now why the officer arrested you,

...Sorry if being nice to your mom makes you mad. I sorta see now why the officer arrested you,

Fr_Chuck, I love you :D

I wasn't taken advantage of? Ha hokay!

Oh, you poor unfortunate... you admitted to a cop that you had weed on you. How dare he violate your rights like that!

What's that? He didn't? Oh, that's right; you were too busy smoking pot to educate yourself like Ex did. It's your own fault; get over it.

Look at you its not even your problem and you sound like my mother thanks I don't need your help anymore.

If you had been smoking pot in the car, the officer more than likely smelled
It when you rolled down the window. Laws vary from state to state, but
Here, if an odor comes rolling out the window of a car, that would create a
"Preponderance of Evidence" that the occupant/occupants had been
Smoking it. In my state "Driving Under the Influence" means under
The influence of ANY intoxicating substance, alcohol and/or drugs.

As long as you didn't have a whole lot of pot in the vehicle, if he searched it,
Your penalty would generally be "Drug Court" or probation here. Not like
If you had enough to be charged with "Trafficking." You still need a lawyer,
Though.

Yeah that what I was thinking would happen. It was only me and there was .2 of a gram (the size of a dime) and that was it. There wasn't any smoke either just the smell of green weed.

Yea thanks man for not being critical like the rest of these guys. Why should I get a lawyer? I'm most likely ed there's no way for me to get out of this, I can't prove to the judge I wasn't high except for what the cop told my mom and the judge won't believe that. Im in Arizona.

Hello again, m:

You ARE young, but that doesn't mean you can't get it, if you'd only put on your listening ears...

But, you know best... Dude!! You know just enough to get yourself in real big trouble... I think I've said stuff like that to you before. YOU DON'T KNOW SQUAT!! I;ve done time with LOTS of stupid people like you. It's only AFTER they're in the slam they start asking questions...

You AIN'T asked a question YET!! All you've done is argue with people who know a whole hell of lot more about this stuff than you do...

If you just want to roll over SOOOO badly that you won't listen, then I'm just going to guess that you can't wait to meet BUBBA, your new cell mate.

Ok, 'm going to give it ONE MORE shot. YOU don't have to PROVE ANYTHING!! The COP has to prove HIS STUFF. If you weren't high, and you didn't snitch on yourself, HE CAN'T PROVE IT. End of story.

I'm done.

excon

Because you sdont know the law. You don't know if the cop followed procedure.

A blood test can prove that weed is in your system, it can't prove you were high. A "green tounge" is total bs, that's not true and not legal proof any anything. A lawyer can get the charges reduced to 'posession' (or better), and you won't get your license suspended, HAVE A CRIMINAL RECORD (which means you probably won't get into college, no job!) and pay as steep a fine. The $$ you spend on a lawyer will be saved in fines and your future.

Almost all lawyers offer a free consultation. Call a lawyer, ask to come in and see him, he'll tell you what he can do for you, THEN DECIDE if its worth it.

Almost all the lawyers I know are buddy buddy with the prosecutor , and they all help out their friends. If lawyers don't do what they are paid to, they are out of a job, so they find ways to get it done.

All right well thanks again I will look into it.

Thread closed