ARD DUI, Violation for possesion of MJ Help

[PA19422]

What is the name of your state? PA

I am on ARD probation for 1 year for DUI. I was to get 30 days licensce suspension but I got an att and did not lose my liscence.

Every thing was fine untill Thanksgiving night. I drove to 7-11 at 3:30 AM and went to buy some sandwiches. I had one in my hand and 2 in my other hand in my pocket. It looked like I was trying to still them. The guy behind the counter was watching me the whole time. I went to the counter to pay for the sandwiches and only put one on the counter. The counter guy said rite away "you going to pay for those other ones" I looked at him funny then said yeah. 5 seconds later the cops come in and I get searched. The man at the counter had all ready called the cops before I had a chance to pay for any thing. I was searched and the cops pulled a tube out of my pocket that was part of a beer bong. "I forgot It was in my pocket when I left the party I was at before." He asked me what it was I said a beer bong then he proceded to search me and found a Altoids tin I used to keep my weed in. It was empty only flakes were in it. Then my truck was searched parked out front and they found about a dime and a nick of weed and my bowl. I was arrested and spent the night in jail. My truck was towed.
I really dont think they had the rite to search me. I never had a chance to pay for the sandwiches. I had money and would have paid for them. He called the cops before I was at the counter. My report said I was hiding the sandwiches under my shirt and my bear bong was used for smoking weed. It was just a clear plastic tube with no residue of any maybe some beer. I can se If I had attempted to leave the store, But I did go to the counter and I never even had a chance to pay before the cops were searching me.

ALSO I WAS DRINKING AND I WAS INTOXICATED BUT THE POLICE NEVER QUESTIONED ME ABOUT THAT. I DID NOT GET AN ANY TROUBLE FOR DRINKING AND DRIVING.

I was given three misdemenor charges for posesion of small paraphalia, possesion of a small amount of marijuana, and possesion of a controled substance.

Can I get what was found on me and in my truck thrown out for illegal search?

IF NOT WHAT KIND OF TROUBLE AM I LOOKING AT. Will I go to jail? Will I lose my license?What is the name of your state?

 

[Shay-Pari'e]

I have to say, this would have been a winner at the end of the year contest.! Some one needs to start one.

 

[PA19422]

GREAT ITS FUNNY NOW CAN SOME ONE HELP ME?

I dont think they had a reason to search me or my car. Can some one with a legal knowledge anwer me.

 

[racer72]

I had one in my hand and 2 in my other hand in my pocket.

No one puts unpaid merchandise in their pocket unless they intend to steal it.

It looked like I was trying to still them.

Bingo, give that man a brownie point.

I went to the counter to pay for the sandwiches and only put one on the counter.

You must have thought the clerk was stupid.

The counter guy said rite away "you going to pay for those other ones" I looked at him funny then said yeah. 5 seconds later the cops come in and I get searched. The man at the counter had all ready called the cops before I had a chance to pay for any thing.

A diligent employee, his boss must be proud.

I was searched and the cops pulled a tube out of my pocket that was part of a beer bong. "I forgot It was in my pocket when I left the party I was at before." He asked me what it was I said a beer bong then he proceded to search me and found a Altoids tin I used to keep my weed in. It was empty only flakes were in it.

It don't look good for you.

Then my truck was searched parked out front and they found about a dime and a nick of weed and my bowl.

Your looking more stupid every sentence.

I was arrested and spent the night in jail.

Happens to folks caught with illegal drugs and paraphenalia.

My truck was towed.

The police want to protect your property, someone could have broken into it if it was left at the store, the police could have been held liable.

I really dont think they had the rite to search me.

You don't really believe that do you?

I never had a chance to pay for the sandwiches. I had money and would have paid for them. He called the cops before I was at the counter.

Many shoplifters have the money on them to pay for the product they were attempting to steal. Years ago when I worked in loss prevention, I popped a guy for stealing a 25 cent candy bar, he have over $5000 on him. As a stated before, employers like diligent employees.

My report said I was hiding the sandwiches under my shirt and my bear bong was used for smoking weed. It was just a clear plastic tube with no residue of any maybe some beer.

Tell it to the judge.

I can se If I had attempted to leave the store, But I did go to the counter and I never even had a chance to pay before the cops were searching me.

The intent to steal happened the second you put the sandwiches in your pocket. Many shoplifters are caught before attempting to leave the store.

ALSO I WAS DRINKING AND I WAS INTOXICATED BUT THE POLICE NEVER QUESTIONED ME ABOUT THAT. I DID NOT GET AN ANY TROUBLE FOR DRINKING AND DRIVING.

You were not driving, the officers had no cause to bust you for drinking.

was given three misdemenor charges for posesion of small paraphalia, possesion of a small amount of marijuana, and possesion of a controled substance.

Sounds legit.

Can I get what was found on me and in my truck thrown out for illegal search?

Your tale of whoe is an excellent example of a legal search. Try again.

IF NOT WHAT KIND OF TROUBLE AM I LOOKING AT. Will I go to jail? Will I lose my license?

You need an attorney. It appears to me you actually could have gotten into a lot more trouble. No shoplifting charges, no drunk in public charges. A whole lot is going to depend on the conditions of your probation.

GREAT ITS FUNNY NOW CAN SOME ONE HELP ME?

I am saving your post to add to the others I am saving. It will be in my end of year "What were these people thinking" thread.

I dont think they had a reason to search me or my car.

The consumption of alcohol can cause irrational thoughts and beliefs.

Can some one with a legal knowledge anwer me.

I've never been anwered before, what is it like?

 

[jmc927]

What racer72 said

racer72, hilarious "anwer" to that knucklehead. Are people really this dumb? Cops must have a field day with crooks this stupid.

I'm sure he had the other two sandwiches in his pocket because he couldn't carry them all at once. Tell it to the judge dumb ****.

 

[PA19422]

So know one thinks my att has any chance of getting my charges dropped?

 

[MicheleK]

So know one thinks my att has any chance of getting my charges dropped?

You made my night, really.

 

[PA19422]

Just to let you all know. I did not have a huge tube sticking out my pucket like from funel beer bong. This was a beer bottle bong very short.
Like this one www.beerbong.com . and it was not sticking out all obvious.

Can some one give me some real legal advice. This site is sopposed to help. What will my att be able to do for me. I am on ARD now. Will I get jail time or just a fine or longer proabation. What most likely will happen. Please give me advice and stopping making fun of my issue.

 

[danno6925]

Real, Legal Advice:

If you had caught another break you could have played wide receiver for the Eagles!

Just to see if I'm reading the right page in the choirbook (that's a little book in a place called church that contains all of the lyrics to the songe we sing there, just in case you weren't sure) about what went down and where you seem confused, this is my summary of your night:

You were drunk in public, driving under the influence of weed and you were stealing sandwiches you could have otherwise paid for. The cops arrived before you could be a smartass and pay for the sandwiches in your pocket. The cops searched you and found a substance that appeared to be marijuana in an altoid tin - your defnition of empty doesn't fly - there were flakes of weed in there. FYI: This is where you gave them probable cause to search your vehicle - consent or no consent. The subsequent search of your vehicle yielded more marijuana and some paraphenalia for smoking dope. You then went to jail for the night with the nice officers who overlooked the fact that you were drunk in public, and had probably driven to the store while intoxicated. You were charged only for the posession and paraphenalia, and were then released. You seem confused that you weren't charged with a DUI, or for stealing the sandwiches. Am I right?


To clarify some things for you:
You weren't charged with DUI since the arresting officer can't say for sure that you were the one who drove to the store. For all they know, your buddy who is scared to death of cops drove you there and ran like hell when they arrived. (would have been cool if he'd taken your weed and pipe with him, eh?) So, unless the cop saw you operating the vehicle, you dodged a bullet there. That's not to say a charge isn't pending review at the DA's Office and won't be filed later, but without a BAC level, their case is pretty weak for DUI.

Yes, you will probably have your ARD revoked for this. One of their requirements is that you actually stop breaking the law during your probation period. This includes smoking pot. This includes drinking. This includes going deer hunting too - no firearms while on probation. That the cops didn't break your balls over the fact that your shouldn't even be drinking on probation is a freaking miracle.

And now for my REAL, LEGAL advice:

STOP BREAKING THE F * C K I N G LAW!!

 

[PA19422]

Well I talked to my att and I have a great chance of getting the charges dropped. Me being drunk is not an issue, I did not apear to be drunk and thats why thats not my problem. they patted me down for weapons and found a plastic tube, that they called paraphanalia. I can prove it was not illegal to have that on me. There for they did not have the rite to go in my pockes or my truck. It is not illegal to have a plastic tube on you. I had what is sold at www.beerbong.com in my pocket.

I am aloud to drink on proabation, I just cant drive, which i DID NOT GET IN TROUBLE FOR.

 

[racer72]

FYI Free Advice regulars, our BS meter has just been busted again. It should be ready in a couple weeks.

 

[danno6925]

Wow, you're dumberer than I thought

Well I talked to my att and I have a great chance of getting the charges dropped.

Right, because if you were screwed, what would you need to pay that lawyer for?

Me being drunk is not an issue, I did not apear to be drunk and thats why thats not my problem.

No, they cut you a break, plain and simple. You already have one DUI, and you're GOING to end up with another one sooner or later if you don't stop driving drunk. FYI, dope stays in your system for about a month, so a cop can pop you for a DUI anytime they pull you over just by getting your blood.

they patted me down for weapons and found a plastic tube, that they called paraphanalia. I can prove it was not illegal to have that on me.

I see you make no mention of the altiods container that had enough weed to make them suspicious. This suspicion is what allowed them to access your vehicle for a search

There for they did not have the rite to go in my pockes or my truck. It is not illegal to have a plastic tube on you. I had what is sold at www.beerbong.com in my pocket.

Are you smoking so much dope that you forgot you allegedly stole some sandwiches during this wild Thanksgiving Eff up? The fact you were accused of committing a crime by the clerk gives the cop every reason to search your person. The posession of the weed in the tin - anything, flakes, buds, stems, leaves, seeds, whatever tests positive for THC busts you here - especially on while probation is reason enough to search your vehicle.

I am aloud to drink on proabation, I just cant drive, which i DID NOT GET IN TROUBLE FOR.

On a side note, let's do some work on the spelling and grammar, dude. Aloud refers to speech, ALLOWED would refer to being permitted to do something. Also, if you are on probation associated with the ARD program in Pennsylvania, you are NOT "aloud" to drink alcohol or smoke weed. Stop being a dumbass, and get your sh!t together, or you'll end up in jail.

 

[PA19422]

Well I got the case pushed back to February, I will comment back when I beat this case.
To the last poster you do not know what you are talking about. I know the rules of PA ARD and the only rule I broke was having weed on me, drinking and driving also but I didnt get in trouble for that. I just thought I would mention it for the story. The cops did not cut me a break on drinking they were dicks and if I looked drunk they would have got me for that, trust me. A pat down down does not consist of going in to your ****ing pockets! The tube was sticking out and I will give the cop that one, but since it was not illegal he should not have gone in my pockets and thats my case. THE COP WROTE DOWN THE TUBE WAS FOR SMOKING WEED AND THATS WHY HE SEARCHED ME!! I will be sure to post my results to those who doubted me when i GET OUT OF THIS. I look for legal advice and all yall do is tell me what I allready to know. When a real att will tell me what I have to do to get out of the situation and thats why I came hear. I know drinking and driving and having weed on you while on probation is wrong. But from a legal point of view, a pat-down frisk is patting down the outer clothing only. The police dont expect every one to have the money for an attory and there for they can get away with it. But what this cop did was an illegal search, he put his hands in my pockets for a PLASTIC TUBE!

 

[PA19422]

And its obvious what I had is not for smoking if you went to the site I mentioned before.

 

[Shay-Pari'e]

Who Cares?