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dui for pot delta 9 2.5

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Warminwisco

Junior Member
What is the name of your state (only U.S. law)? WI
I was pulled over for speeding and cop smelled pot and a empty beer bottle in the car found 3.1 grams of pot(54 year old male should no better). First offense like this, speeding ticket 4 months ago. I admitted to smoking pot and having a beer 2 hours prior with a buddy at a bar,truth. The field breathalyzer blew a .09 and the FST I failed terribly. I was impaired for medical reasons at the time I did not understand I had called my doctor the week prior to the arrest, the pharmacist and a eye docotor as I was having floaters dizziness nausea at work following a week of indocin for gout.(side effects include occular changes) I still have flashes and floaters as the vitreus humor is drying out in my eye from the indocin which was discontinued. They also found loose lisiniprol for HBP in my car not in a bottle and wrote me up for Illegal Possession of Prescription Drugs the bottle was used to keep the 3 grams of pot in.

I remember driving fast thru some cones saying "wow are they close and are they coming at me fast I am gonna tell my buddy to be careful" who I was going north to go skiing with, this was at 10 o clock at night I think the cones mesmerized me and I did not think to slow down, The lights from the two cop cars threw me off also. I did not think to slow down with the effects of the eye changes and I also was on 40 mils of lisinprol later dropped to 20 as I was still dizzy a week after the arrest and my doctor cut Lisinipril in half. I would never drive 15 over thru town in a construction zone though the cop told me I was not being cited for being in a construction zone.

So I get to the booking area cop comes in to read me Miranda and says I bet you will blow .08(this was an hour after the pickup) she leaves when I excercise Miranda writes and blow .00 twice and they still lock me up due to the FST results. Blood work comes back .00 for ethanol and 2.5 on delta nine which I guess is like second hand smoke.

Attorney has been very thorough with paperwork to me and says they have my confession #1, pot, smell of smoke and best he can do is an ordinance violation so the possession is not a federal offense, drop speeding, drop illegal possession of prescription drugs(I have an order for the drugs) so I am tagged with ordinance violation for pot and DUI for controlled substance. He says a trial will not be successful as Wisconsin is a strict state of Zero Tolerance for Delta 9 do you agree?

Side note on the report the .09 they showed me on the filed breathalyzer they changed to .009 in the report, I have nerve damage in my hand, the report was significantly embelished to their benefit of course and I was ridiculed when they pulled me over but my attorney says non of this is really important and the nerve damage is coming back. Really did not think pot was such a big deal but it is and c cap is permanent in wisconsin. I am sure illegal possession of prescription drugs will not go over well if found out I am in healthcare but yes I SHOULD HAVE THOUGHT ABOUT THIS.

So if I am blood tested for any amount of pot I can get another DUI as it stays in your blood for 30 days? Why would the cop write a lesser FST of 009. in her report? Attorney feels all this is insignificant. Thanks Never again wife has been supportive and does not do drugs or have more than a glass of wine. Lost alot of respect for the police I tell the truth they ridicule me and mock me and embelish the police report never got any help getting in the police car with my hands behind me I had to like slither in and out.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? WI
I was pulled over for speeding and cop smelled pot and a empty beer bottle in the car found 3.1 grams of pot(54 year old male should no better). First offense like this, speeding ticket 4 months ago. I admitted to smoking pot and having a beer 2 hours prior with a buddy at a bar,truth. The field breathalyzer blew a .09 and the FST I failed terribly. I was impaired for medical reasons at the time I did not understand I had called my doctor the week prior to the arrest, the pharmacist and a eye docotor as I was having floaters dizziness nausea at work following a week of indocin for gout.(side effects include occular changes) I still have flashes and floaters as the vitreus humor is drying out in my eye from the indocin which was discontinued. They also found loose lisiniprol for HBP in my car not in a bottle and wrote me up for Illegal Possession of Prescription Drugs the bottle was used to keep the 3 grams of pot in.

I remember driving fast thru some cones saying "wow are they close and are they coming at me fast I am gonna tell my buddy to be careful" who I was going north to go skiing with, this was at 10 o clock at night I think the cones mesmerized me and I did not think to slow down, The lights from the two cop cars threw me off also. I did not think to slow down with the effects of the eye changes and I also was on 40 mils of lisinprol later dropped to 20 as I was still dizzy a week after the arrest and my doctor cut Lisinipril in half. I would never drive 15 over thru town in a construction zone though the cop told me I was not being cited for being in a construction zone.

So I get to the booking area cop comes in to read me Miranda and says I bet you will blow .08(this was an hour after the pickup) she leaves when I excercise Miranda writes and blow .00 twice and they still lock me up due to the FST results. Blood work comes back .00 for ethanol and 2.5 on delta nine which I guess is like second hand smoke.

Attorney has been very thorough with paperwork to me and says they have my confession #1, pot, smell of smoke and best he can do is an ordinance violation so the possession is not a federal offense, drop speeding, drop illegal possession of prescription drugs(I have an order for the drugs) so I am tagged with ordinance violation for pot and DUI for controlled substance. He says a trial will not be successful as Wisconsin is a strict state of Zero Tolerance for Delta 9 do you agree?

Side note on the report the .09 they showed me on the filed breathalyzer they changed to .009 in the report, I have nerve damage in my hand, the report was significantly embelished to their benefit of course and I was ridiculed when they pulled me over but my attorney says non of this is really important and the nerve damage is coming back. Really did not think pot was such a big deal but it is and c cap is permanent in wisconsin. I am sure illegal possession of prescription drugs will not go over well if found out I am in healthcare but yes I SHOULD HAVE THOUGHT ABOUT THIS.

So if I am blood tested for any amount of pot I can get another DUI as it stays in your blood for 30 days? Why would the cop write a lesser FST of 009. in her report? Attorney feels all this is insignificant. Thanks Never again wife has been supportive and does not do drugs or have more than a glass of wine. Lost alot of respect for the police I tell the truth they ridicule me and mock me and embelish the police report never got any help getting in the police car with my hands behind me I had to like slither in and out.
Maybe you should lose respect for yourself while driving while stoned. You could have killed someone. They embellished the report? Really? You were high. You are damn lucky you didn't kill someone. But keep making up excuses.
 

Warminwisco

Junior Member
I respect yur opinion but if your goal is to bash me and I am looking for legal advice please do not respond again. I have reports from a doctor, pharmacist, optometrist about the eye changes just wanted to get the last stash of powder in April before closing. Remember the stuff is legalized now in some states decriminalized in Madison. 2.5 is second hand smoke, ethanol was .00 why would I spend the time on this forum to lie to you about these numbers and this story. Fast responce though I learned my lesson. Are you a cop? Oh ya no responce needed.
 

Warminwisco

Junior Member
You are actually insulting. The limits for Delta 9 in other states besides Wis including Colorado is 5 twice what I was tested for. In Colorado I get off with a speeding ticket and C cap a mile long with doctors reports etc I suspect.
 

racer72

Senior Member
You need an attorney, the sooner the better. You don't need the opinions of a bunch of strangers on the internet.
 

Ohiogal

Queen Bee
You are actually insulting. The limits for Delta 9 in other states besides Wis including Colorado is 5 twice what I was tested for. In Colorado I get off with a speeding ticket and C cap a mile long with doctors reports etc I suspect.
You are insulting quite frankly. You are NOT legally allowed to drive ANYWHERE if you are impaired. You were. Be it on prescription medication, pot, or whatever else. You could have killed someone. But you want to make excuses as to why the police officer was wrong. YOU can be found guilty for DUI -- because you were. A per se limit doesn't mean that under that you are fine. Not at all. Doctors' reports are NOT admissible unless of course the doctor is going to come in and then what they are going to say? Oh yeah, it can impair driving? Which means YOU can be found GUILTY. But continue onward. Get counsel and pray.

Alcohol is legal as well. But you can still kill someone driving under influence of it. Pot may be legal but that does NOT mean you are not impaired if you imbibe and then drive. Good grief. You totally miss the point.
 

Warminwisco

Junior Member
Why would I leave you a private message no hard feelings. The papers to sign for the plea came yesterday from my attorney so I will get a second opinion from another attorney.
 

Warminwisco

Junior Member
I read my post again. I did not admit to smoking pot 2 hours earlier just having a beer with a college buddy. I told em I smoked in the morning, the smell of pot stays in your car a long time. I wasn't high but all that matters apparently is this is a no tolerance state. I did not even know I was under the effects of this eye collapsing until I saw doctor and optometrist in person the next week following the phone calls I made and finally the optometrist saw me the wednesday after the arrest told me not to drive at night and be back to check in a month s to see if my retina detaches as the vitreus collapses. Mercy Mercy I have driven 35k miles a year for 15 years never a problem like this it was the indocin.
 

FlyingRon

Senior Member
Self judging intoxication is usually fraught with perils. "I wasn't that high" doesn't mean you aren't impaired.
As pointed out you were already:

1. Already over the per se limit
2. Incapable of performing basic coordination tests in the FSTs. Whatever you claim your problem with your eye will not explain away the entire FST results.
3. Using an intoxicating drug two hours earlier which is certainly within the time period for the duration of it's short term effects

What lies you gave to the police officer are largely immaterial as well. He knew that when you told him you had "one beer."

You can quibble all you want but you're in a heap of trouble and need a lawyer.
 

Warminwisco

Junior Member
You guys are heartless and do not even address simple questions but use this as a place to rip people down assuming they are drunks, addicts and liars. Yur right I am in as much trouble as I need and ya I am at fault her I do not dismiss this I had pot in the car and do not need you folks to continue the drama of the police. Now I know Rodney King, Furguson, Missouri any time I turn on the TV and hear the Police story I know there is a second side. this is a police state who mock you ridicule you and assume you are guilty. Why was the breathalyzer showing .09 when I was .00 on the blood test and in station breathalyzer an hour later? why did they write it down as a .009 on the police report? No reference to my questions just a flogging.

If I am telling the truth I am how would I have been .00 on a blood test if I had had more than one beer. Why would you even chime in on this forum if you had a life and/or just wanted to beat people down as you must feel about yourself. Anyway I got tons of dough, this will never happen again and ready to retire. Prolly won't be able to volunteer anywhere butt give me more time for skiing powder. Skip the pot from now on just some cold micro brews on the hill.

here is a real good one "judge no man before thy self and if you have nothing good to say say nothing"
 

Silverplum

Senior Member
You guys are heartless and do not even address simple questions but use this as a place to rip people down assuming they are drunks, addicts and liars. Yur right I am in as much trouble as I need and ya I am at fault her I do not dismiss this I had pot in the car and do not need you folks to continue the drama of the police. Now I know Rodney King, Furguson, Missouri any time I turn on the TV and hear the Police story I know there is a second side. this is a police state who mock you ridicule you and assume you are guilty. Why was the breathalyzer showing .09 when I was .00 on the blood test and in station breathalyzer an hour later? why did they write it down as a .009 on the police report? No reference to my questions just a flogging.

If I am telling the truth I am how would I have been .00 on a blood test if I had had more than one beer. Why would you even chime in on this forum if you had a life and/or just wanted to beat people down as you must feel about yourself. Anyway I got tons of dough, this will never happen again and ready to retire. Prolly won't be able to volunteer anywhere butt give me more time for skiing powder. Skip the pot from now on just some cold micro brews on the hill.

here is a real good one "judge no man before thy self and if you have nothing good to say say nothing"
Feel better now? Alrighty then.
 

FlyingRon

Senior Member
We were not heartless. People gave you good advice: That you need a lawyer in this very serious situation.

Your persistent weaseling in the face of that advice that somehow there's some reason you should be above the law was what got the responses you got.
 

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