What is the name of your state (only U.S. law)? New Jersey
This is the only legal trouble I've ever been in. I can't afford a lawyer. I plan to apply for a public defender however as far as I understand that doesn't count for the traffic tickets.
Was pulled over for going 43 in a 35 (I was only speeding for a couple seconds, I was going the speed limit already by the time the cop pulled me over).
Cop accuses me of being high (I was 100% sober, hadn't even spoken a word to him yet...). He asks me to step out of the car, asks me what medications I take and when I last took them (Lexapro and Methimazole; two prescribed medications and the last time I took them was about 24 hours prior).
He then says he smells weed and asks if there's anything in the car. I tell him that as far as I know there isn't, and that the car is my mom's. He searches the car and us (it was me driving and two passengers).
He doesn't find anything but he does find paraphernalia on me (an empty dime bag with residue in my purse I was stupidly unaware I even had, and cellophane papers) and passenger 1 (an empty grinder and a cigarillo).
He asks passenger 2 if he is intoxicated; passenger 2 responded that he smoked marijuana about an hour prior.
We were all arrested. Right before passenger 2 was arrested, he pulled a digital scale out of his sock. After they took him to the station and searched him, they found an ounce of marijuana tucked in his boxers. They asked me how I didn't smell it on him and I told him I just assumed it was because he smoked earlier, like he told me.
I (the driver) was charged with:
Possession of Paraphernalia for papers and an empty bag with residue
Operating a Motor Vehicle while in possession of CDS (because a person in the vehicle I was driving was in possession of marijuana)
Careless driving for speeding 43 in a 35 and briefly speeding when I turned the street before slowing (unsure what mph I was going but I'd assume 30-35)
Obstructing a Windshield for having a GPS
I need a public defender and my court date is tomorrow for all the charges. I can't lose my license for two years. But I don't know what the hell I'm doing.
I know at the very least that they have to prove I knew there was CDS in the car to charge me with operating a MV with CDS, and the burden of proof is on the state. I also think that I made it pretty clear I was unaware it was in the car.
Can someone explain what the court process will be like to me? I've gone twice but the dates/locations were postponed and switched so this will the first official date. Does anyone have advice? Tips?
This is the only legal trouble I've ever been in. I can't afford a lawyer. I plan to apply for a public defender however as far as I understand that doesn't count for the traffic tickets.
Was pulled over for going 43 in a 35 (I was only speeding for a couple seconds, I was going the speed limit already by the time the cop pulled me over).
Cop accuses me of being high (I was 100% sober, hadn't even spoken a word to him yet...). He asks me to step out of the car, asks me what medications I take and when I last took them (Lexapro and Methimazole; two prescribed medications and the last time I took them was about 24 hours prior).
He then says he smells weed and asks if there's anything in the car. I tell him that as far as I know there isn't, and that the car is my mom's. He searches the car and us (it was me driving and two passengers).
He doesn't find anything but he does find paraphernalia on me (an empty dime bag with residue in my purse I was stupidly unaware I even had, and cellophane papers) and passenger 1 (an empty grinder and a cigarillo).
He asks passenger 2 if he is intoxicated; passenger 2 responded that he smoked marijuana about an hour prior.
We were all arrested. Right before passenger 2 was arrested, he pulled a digital scale out of his sock. After they took him to the station and searched him, they found an ounce of marijuana tucked in his boxers. They asked me how I didn't smell it on him and I told him I just assumed it was because he smoked earlier, like he told me.
I (the driver) was charged with:
Possession of Paraphernalia for papers and an empty bag with residue
Operating a Motor Vehicle while in possession of CDS (because a person in the vehicle I was driving was in possession of marijuana)
Careless driving for speeding 43 in a 35 and briefly speeding when I turned the street before slowing (unsure what mph I was going but I'd assume 30-35)
Obstructing a Windshield for having a GPS
I need a public defender and my court date is tomorrow for all the charges. I can't lose my license for two years. But I don't know what the hell I'm doing.
I know at the very least that they have to prove I knew there was CDS in the car to charge me with operating a MV with CDS, and the burden of proof is on the state. I also think that I made it pretty clear I was unaware it was in the car.
Can someone explain what the court process will be like to me? I've gone twice but the dates/locations were postponed and switched so this will the first official date. Does anyone have advice? Tips?