illegal search at accident scene

[jbono1]

What is the name of your state? Wisconsin


I was involved in an accident in Oct. 2001 in Outagamie county, I was driving drunk, yes I know, but I learned my lesson. At the scene, i lost my glasses, I never left my car, as the paramedics were attending to me, i mentioned my glasses, I asked the police officer to look under the seat in the car. he did, he then decided to look in my purse for my "glasses" and felt something odd, opened the zipper and found a small dugout with trace amount of pot. I am being charged almost 1 year later with possession, I have a lawyer, he tried to dismiss on illegal search but no go. Is this not a blatant illegal search??? He can't go in my purse. My glasses were never found, I assume the glasses wnet out the window from the accident, i would have gone with them but had my seat belt on thank God. No one was hurt (my pride) either. I feel it was illegal to go in my purse!This is my first encounter with the law,I lost my licence for 6 months paid an enormous fine and still feel ashamed I was driving drunk, and now this comes in the picture to haunt me. My lawyer is trying for deferred prosecution.............1 year no criminal activity, 20 hours comm service continued AODA counseling,and what gets me the most is random drug tests!! Wisconsin is tough on drugs but for a first offense and barely a trace amount and no recoed!! Plus I am not a kid i am mid 40's and live a quiet life in the country. The stress is taking its toll, I feel it should be dropped based on the conditions of his search!!

 

[jbono1]

Also..................IF I don't pass the test, I get the book.......1 year probation, fines up the yazoo..........jail!!! I resent being treated like I killed someone, my only mistake was having my "dugout" with me and of course, having an accident. Thanks

 

[HomeGuru]

Well I guess you will have a new dugout soon.

 

[jbono1]

Highly unlikely..............I quit because I HAD to so as not to end up in jail with the real criminals (ie theives, murderers, rapists) I have to pass these random tests forced on me. If I had a trunk load then I asked for it......I realize we need to get tough but leave the peon potheads alone!! I am now not sure why I even came here, I thought you could get advice not sarcasm!!

 

[stephenk]

your attorney filed a motion to dismiss based on an illegal search and the judge denied the motion. What more do you want? Your personal opinion that the search was illegal is obviously wrong.

You should count your blessings you arent going to jail. you were drunk and had weed with you.

i dont believe this was the first time you ever drove drunk. maybe the first time you were caught, right?

 

[jbono1]

I don't drink and drive.........was an isolated incident afte a Packers game. I talked to my attorny yesterday, because I asked the officer to look under the seat I essentially gave him permission to go through my purse. I had .3 grams in it. The time, $$$ to tax payers in Wisconsin,, my attorny time and my $$$ to take care of this seems awfully excessive, I have to wonder what happened to paying a fine and putting something back into the community not turn the situaion into a circus; the DA handling this was hired to prosecute just drog cases, I suppose they have to drag it out to make it worth while to pay him, if people only knew how much $$$ is wasted on cases like mine! If I had a trunk load I deserve it, they had to have really scraped to get that amount to even weigh. When this is over, I will grow my own and NOT ever take any with me! I am tired of being told what i can and can't do in my private life...........

 

[jbono1]

Wanted to clarify spelling, Drug cases.......not drog! Say what you wish but .3 grams is hardly worth the time to drag through the system for so long, I would gladly pay a fine and do community service, my lawyer agress it is excessive but that is how backwards Wisconsinis, especially Outagamie county !!

 

[HomeGuru]

Wanted to clarify spelling, Drug cases.......not drog! Say what you wish but .3 grams is hardly worth the time to drag through the system for so long, I would gladly pay a fine and do community service, my lawyer agress it is excessive but that is how backwards Wisconsinis, especially Outagamie county !!

**A: I totally agree with you but the fact remains, your actions were against the law.

 

[jbono1]

I agree, it is against the law, however, even my lawyer agrees that the punishment is excessive................I would gladly do community service and pay a fine, that is how the other counties handle this situation, plus probation I suppose. I resent being treated like a common criminal which I am not. I abide by the laws,I don't even litter for Gods sake. For the next year (I didnt sign anything yet) I have to watch my back so as not to alledgedly be involved in any criminal behavior; I need to get what exactly they mean by that, does a speeding violation count!? This whole thing has me so stressed out I will end up on tranquilzers before it is over. Thanks for your comments; I know it was wrong but .3 is hardly enough to justify such treatment, I am sorry but that is my opinion, I can do this but I still resent being treated like I killed someone.

 

[HomeGuru]

Whenever a law is violated, you are at the mercy of the Court/Judge.
Just be glad that you were not in a foreign country where a much harsher penalty would have been given.

 

[stephenk]

the moment you hit the publice road drunk you became everyone's problem. The weed in your purse just made you look like more of a loser to the court.

If you were just pulled over for a speeding ticket and the weed was found, you would have been cited and that would be the end of it. Being drunk is the weight that was tied around your neck to take your case out of the cite and release mode and into more serious charges.

While on probation, getting a speeding ticket will not violate your terms. However getting arrested for weed possession, use, or cultivation will get you violated. Remember, just getting arrested violates your probation. Doesnt matter if you are ultimately found not guilty of any subsequent criminal charges.

Plus, your probation will most definitely include that you refrain from drinking or using drugs.

 

[jbono1]

Number 1, I am not a loser.............I happen to be a middle age lady with a family I like to toke once in awhile, it harms no one but myself ( I grew my own) the DUI, I already had served the consequences for that viloation, these charges were brought almost a year afterwards. In wisconsin, if I jaywalked and had pot it would be prosecuted.My complaint I guess is how much $$$$ do they spend prosecuting and sending people to jail for pot, go get the rapists and crack/ heroin dealers,the same county has had a serial rapist running rampant for several months now and they should spend more manpower looking for him.
I don't know who you people are or who you think you are but it is too bad you don't spend more time in constructive criticism and giving usefull information not insulting smug remarks. Tell me you NEVER had a beer and got behind the wheel of a car.............or smoked pot....but maybe you didn't inhale??? Nobody is perfect..............I willhave a beer if I darn well feel like it too; as long as I am not driving and no one can tell me different.

 

[stephenk]

just remember not to drink before you go in for your urine tests.

You may not be a loser. I was just saying the court looks at you that way.

by the way, be careful with your homegrown. never know when probation will decide to make a home visit.

 

[jbono1]

I quit it all to save face in case something happened,I don't think I will be on probation; part of the deferred prosecution is stay out of trouble, I don't have to check in with anyone, well,I do need to go to AODA counseling ,I went for the DUI so I see the same one, she has the right to ask for the drug tests, she knows how upset I am about the whole incident and agreed to every 6 weeks or so. She has helped me with some things but also feels I don't need intensive therapy, just someone to talk things over with who can be objective. My assessment determined I am not an alcoholic, but drink because of abuse isues from my past;which is another story I wont even touch. I ahev been seeing her for over a year already and was just about to wrap it up when the s*** hit the fan. SoooooooooooooooI am sentenced to another of very expensive sessions. I have insurance or I would have to get another job to pay for it!! Not sure how people do it.......but it all boils down to money.

 

[stephenk]

get better.