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DUI and Possession Charge...

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wowthisisgreat

Junior Member
What is the name of your state (only U.S. law)? Maryland

I was arrested last night after running over a stop sign on the charges of DUI and possession of schedule II controlled substance. Both are my first offenses and I'm trying to figure out if I'm going to be doing any jail time?
Any other suggestions would also be greatly appreciated..
 


waitinMd

Member
much of it depends on what county. Do you have a lawyer? You should retain one if you have a DUI and drug charges!
 

FlyingRon

Senior Member
Running OVER a stop sign? Yeah, I think a lawyer would definitely be a good idea. Definitely sounds like they have probable cause. How was it they found the illegal drugs pursuant to the stop?
 

wowthisisgreat

Junior Member
I really don't remember fully what happened, I had hit my head against the steering wheel so I was a bit out of it. The illegal drugs were found on my person though. Given it's my first offense on both charges I was wondering what the most likely outcome would be?
 

FlyingRon

Senior Member
For the DWI, $200-1000 fine. Alcohol assessment as well. PBJ might be possible. The possession is more problematic, could be 4 years in jail and $25,000 fine. You definitely need a lawyer.
 

andraya2009

Junior Member
You have a decent chance of getting probation, just make sure that you have a good lawyer. I know someone who was facing the same thing as you except he had four felonies. He was convicted of one and he got a 4 year prison sentence suspended for 3 years of probation. Yours shouldn't be as drastic, but a good lawyer is definitely a must! Good luck
 

skylerhouse

Junior Member
According to the DEA, a schedule II controlled substance is less detrimental to society than marijuana. Although I agree with the majority of posts to your question (you need a lawyer), I think they're answers are more fearful than helpful. The chances of you spending 4 years in jail of schedule II possession are about 1%. You would likely have to of committed a crime substantially more illegal in ADDITION to the possession to spend 4 years for it. We're talking something like rape, murder, etc. The reason we have maximum sentences in law books are to A) appear to be harsher penalties B) discretion of punishment.

Let me elaborate on discretion of punishment. Say you have a child molester with possession of a schedule II. Versus yours with the DUI/OWI. That child molester will get a stiffer penalty for the possession than you even if it was essentially the same exact crime. You will more likely get a stiffer penalty for the operation of the vehicle. But they're going to put a guilty child molester behind bars as long as they possibly can. The judge's job is to make sure you learn. And trust me, they know humans will never learn not to use mind altering substances. It kind of falls along the lines of the need for information. We as a whole are gullible in that aspect and this is well documented medically and legally. Judges know this.

So, get a lawyer. Most that's going to happen is probation, a fine, community service and/or restitution for the sign. Possibly ALL, so be prepared for that... it won't be cheap. But jail as a first time offender. HIGHLY DOUBTFUL!!
 
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