poss.of schedule II ,and dwi

[freeweight]

What is the name of your state (only U.S. law)? VA

alright ,i was weaning off of methadone ,and one day i took a lil too much xanax ,well my g/f gets mad and calls the cops ,he comes and tells me to leave ,i was really messed up by the way

i say ok ill leave ,after leaving i realised i was way to messed up to drive,and head back ..i was planning on sleaping in the the building out back

but anyway she call the cops again ,same cop called back and said he wasnt coming back out here..etc etc and i need to leave or im going to jail ,i mutted a couple curse words and left

well he calls in a dui,they find 2 10mg methadone pills and some xanax and tramadol ,they only charge me with the methadone,who knows what they did with the rest

and dwi

well court day comes and the arresting officer doesnt show ,so they dont try the poss.charge ,but NAIL me with DWI ,there was blood drawn and everything but did not present any evidence,

result was 12months suspended,24 moths unsuprivised probation ,VASAP ,fines

i mean the court app. lawyer said i should be happy ,but if nobody has evidence to present then wheres the case?

 

[FlyingRon]

i mean the court app. lawyer said i should be happy ,but if nobody has evidence to present then wheres the case?

I'm confused. They found drugs on you for which you had no prescription.
They found you under the influence of some drug and were driving.
What more "evidence" do you need.
Since you seem to have been convicted, what do you want to do about it now?

 

[dave33]

What is the name of your state (only U.S. law)? VA

alright ,i was weaning off of methadone ,and one day i took a lil too much xanax ,well my g/f gets mad and calls the cops ,he comes and tells me to leave ,i was really messed up by the way

i say ok ill leave ,after leaving i realised i was way to messed up to drive,and head back ..i was planning on sleaping in the the building out back

but anyway she call the cops again ,same cop called back and said he wasnt coming back out here..etc etc and i need to leave or im going to jail ,i mutted a couple curse words and left

well he calls in a dui,they find 2 10mg methadone pills and some xanax and tramadol ,they only charge me with the methadone,who knows what they did with the rest

and dwi

well court day comes and the arresting officer doesnt show ,so they dont try the poss.charge ,but NAIL me with DWI ,there was blood drawn and everything but did not present any evidence,

result was 12months suspended,24 moths unsuprivised probation ,VASAP ,fines

i mean the court app. lawyer said i should be happy ,but if nobody has evidence to present then wheres the case?

You will have to explain better. Did you have a trial?Jury?

 

[freeweight]

i mean,since the cop wasnt there ,shouldnt the case have been thrown out,i mean they didnt even present the blood test ,etc ....

i mean wow i knew i was tore up from floor up ,cop even seen me nod out and smacked me on arm to wake me up ,then let me leave the first time,and on the second call told me to leave so i did and he calls in dui ..wtf?

even the ex cop handle'n my case at vasap said man sounds like u were set up ...and even said why was the case even tried with the cop not there ,and no blood test ...

not trying to sound like an ass i know i did wrong but I and I alone got myself off a heavy methadone addiction without help from doctors ,with 100mg day habit ,but they wouldnt even take the drug abuse class that i had been going to way before the trial as anything

i just dont know so many people are saying i shoulda got off on fines and drug counsel

 

[JerroC]

Hey man, I don't know about the cop not showing up. I didn't think they had to for a non-traffic offense like that unless it was for a jury-trial. I know once I got into a car accident because I was on my way to get my pain pills. I was going through withdrawal and to go to bed, I took some Nyquil, like 3 doses of it. I got it in my head that I should try the 24 hour pharmacy to fill my tramadol. I fall asleep at the wheel and crashed into a tree. Moral of the story: Cop can charge you with DUI for everything that says, "be careful when operating heavy machinery". But, I will say though, it sounds like you got screwed over. The first cop should have never told you or even for that matter, let you, drive-away if you were as messed up as you claim to be. If that did happen, you could probably claim entrapment. If not that, you could also argue that you weren't driving, correct? Didn't you say the cop pulled you over in the back of a parking lot? That's private property. You could have been driving and they couldn't have gotten you for DUI. The burden of proof is on them to prove that you were in motion on public streets when they pulled you over. Anything else is just irrelevant.
And the factor that they didn't charge you with possession of a deadly narcotic with intent is pretty nice! That's a felony. If you could prove you had scripts for them, it'd still have been a misdemeanor "scripts not in original container". Even Tramadol, non-scheduled drug, least here in Georgia, or for that matter, any prescription drug, if not in the original container, you can get charged for...metroprolol, dexilant, synthroid. I worked in a pharmacy.

 

[cyjeff]

Hey man, I don't know about the cop not showing up. I didn't think they had to for a non-traffic offense like that unless it was for a jury-trial. I know once I got into a car accident because I was on my way to get my pain pills. I was going through withdrawal and to go to bed, I took some Nyquil, like 3 doses of it. I got it in my head that I should try the 24 hour pharmacy to fill my tramadol. I fall asleep at the wheel and crashed into a tree. Moral of the story: Cop can charge you with DUI for everything that says, "be careful when operating heavy machinery". But, I will say though, it sounds like you got screwed over. The first cop should have never told you or even for that matter, let you, drive-away if you were as messed up as you claim to be. If that did happen, you could probably claim entrapment. If not that, you could also argue that you weren't driving, correct? Didn't you say the cop pulled you over in the back of a parking lot? That's private property. You could have been driving and they couldn't have gotten you for DUI. The burden of proof is on them to prove that you were in motion on public streets when they pulled you over. Anything else is just irrelevant.
And the factor that they didn't charge you with possession of a deadly narcotic with intent is pretty nice! That's a felony. If you could prove you had scripts for them, it'd still have been a misdemeanor "scripts not in original container". Even Tramadol, non-scheduled drug, least here in Georgia, or for that matter, any prescription drug, if not in the original container, you can get charged for...metroprolol, dexilant, synthroid. I worked in a pharmacy.

Okay, this is the second time you have responded to a poster by quoting the statutes in another state.

Stop. Now.

 

[dave33]

freeweight, My suggestion is this... If you are on the methadone maint. program and you have decided you want to stop, but you have returned to actively using drugs again, than maybe you should stay on the program a little longer. Be honest with your counselor and see what they have to say. goodluck.

 

[HighwayMan]

...did not present any evidence...

You sure you had a trial? Or did your attorney take a plea? Maybe there were things going on in that courtroom that you just don't understand.

Convicting you with NO evidence at a trial does not seem too likely.