Marijuana DUI and Possesion

[Jocama]

What is the name of your state (only U.S. law)? Michigan
I was pulled over a couple of nights ago for basically no reason. The police officer said he pulled me over for a loud exhaust, which I totally dispute because my exhaust isn't loud. I was just profiled because I drive a beater. Anyway he found a joint I had with me that I had taken 1 hit off of in my driveway before I made my trip. I wasn't arrested and no ticket was issued but the officer said he would file a report with the prosecuting attorney. My question is can I still be charged for this since I wasn't arrested or ticketed? Some people have told me I couldn't but I wouldn't really take their opinions as solid legal advice. Has anyone had a similar experience? If so any advice would be appreciated.

 

[tranquility]

What is the name of your state (only U.S. law)? Michigan
I was pulled over a couple of nights ago for basically no reason. The police officer said he pulled me over for a loud exhaust, which I totally dispute because my exhaust isn't loud. I was just profiled because I drive a beater. Anyway he found a joint I had with me that I had taken 1 hit off of in my driveway before I made my trip. I wasn't arrested and no ticket was issued but the officer said he would file a report with the prosecuting attorney. My question is can I still be charged for this since I wasn't arrested or ticketed? Some people have told me I couldn't but I wouldn't really take their opinions as solid legal advice. Has anyone had a similar experience? If so any advice would be appreciated.

Yes, you can be charged.

http://www.legislature.mi.gov/(S(cbfui5i52nj4v5j5yrng3mjo))/mileg.aspx?page=getObject&objectName=mcl-175-1927-IV

 

[HighwayMan]

Did the officer take the joint?

If yes, then sure you can be charged and the case against you pretty strong.

If no, then you can still be charged but without physical evidence the case against you is weak.

Your exhaust system is completely stock?

 

[CdwJava]

Oh, and another piece of advice: Stop smoking dope. If you really must smoke it because you have an addiction, do the driving public - and yourself - a favor, and do it when you are in home for the night.

 

[quincy]

What is the name of your state (only U.S. law)? Michigan
I was pulled over a couple of nights ago for basically no reason. The police officer said he pulled me over for a loud exhaust, which I totally dispute because my exhaust isn't loud. I was just profiled because I drive a beater. Anyway he found a joint I had with me that I had taken 1 hit off of in my driveway before I made my trip. I wasn't arrested and no ticket was issued but the officer said he would file a report with the prosecuting attorney. My question is can I still be charged for this since I wasn't arrested or ticketed? Some people have told me I couldn't but I wouldn't really take their opinions as solid legal advice. Has anyone had a similar experience? If so any advice would be appreciated.

In addition to the DUI and possession, you can be ticketed for violating the state noise law or a city/township noise ordinance.

Here is a link to Michigan's state noise law, MCL 257.707c, Noise limitation; prohibitions: http://www.legislature.mi.gov/(S(bc0coabpmhrzrpnknmezwfq3))/mileg.aspx?page=getObject&objectName=mcl-257-707c

If charged, you will want to find a criminal defense attorney in your area. If this is your first offense, you might be offered a diversion program which can help to keep your criminal record clean if you satisfy the terms of the program, this if your attorney cannot get any charges reduced or dismissed outright.

Good luck.