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DWI for Marijuana

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asiny

Senior Member
I recently went to a concert and, wow! What an assault on the senses... It made Hall and Oates ROCK!
I corrected that for you :D

But to echo the above sentiments - I grew up with a hippy-mum... and out of 4 kids.. I'm the one that does nothing illegal. I never smoked - I have observed MANY people smoke. I am familiar with a fair number of aromas put out by different ways of taking in the herb. If someone HAS smoked in the last few hours and is now around me, it's an odour that you can tell.

The OP never said he took a shower - and if you read the OPs thread-head, they even attempt to justify WHY they never passed the sobriety test... nervous, only woke up a few hours ago, still tired from the all-night frag-fest on Call of Duty. The OP was lit, mixed drugs (marijuana with oxy's and the OP was not buzzed... yeah, right) and went for a quick drive... yeah, they were of sound mind to be behind the wheel :eek:

And to question how many times has someone smoked (as if for their credentials) was ludicrous at best.
 


He said he smoked a bowl. In my experience, the time frame is underestimated as is the amount.
A bowl could be a dry glass pipe or it could be a larger water pipe such as a bong. It's a difference in how much plant material is being combusted. Which is also a difference in resin produced and smoke produced at one time.

Really?! Okay, how many people do you know actually smoke a joint, wash their clothes, shower, and deodorize their car right afterwards?
First off, a joint in cigarette paper or tobacco leaf paper (aka blunt) stinks about twice as much as other smoking methods. For one, the oil from the smoke gets all over your fingers as it escapes the cigarette. Second, the process of burning the plant with the paper in it produces a stinkier and stronger smell. Smoking out of a glass pipe doesn't make your hands come into contact with waves of smoke and a larger percentage of the smoke produced goes into your mouth and lungs and then out instead of lingering around. Any kind of cigar or cigarette with MJ in it will smell the worst. I'd bet that a good percentage of people that you catch (a good amount of them teens and young adults) in possession in the field were smoking a joint or blunt in their car. That is the easiest way to catch someone because it stinks the most and lingers longer. And most younger people are smoking a joint because it's easy to carry around and cheap to make. Other smoking devices cost more.

Why can't a person smoke and then take a shower? I know people who take showers after they smoke. Not by habit, just because they were at home relaxing and smoking and then it was time for a shower. You don't need to wash your clothes, you can just change them. It is my experience that when smoking from a pipe, there is no smell ones clothes. I have a very keen nose for it. I have taken my clothes off and let them sit for a couple minutes and then smelled them. They smell like clothes. Again, joints are in a different category. They stink. And also a lot of people that smoke do it in some place other than their car. It's pretty obvious that if you smoke in a small enclosed area with limited airflow that it's gonna stink longer.

Like with people who drink and then chew gum, all you get is minty fresh Budweiser breath. With marijuana you may get the odor of marijuana with a hint of Crest. In some instances it may impede some of the odor, but rarely is all of it gone. Like alcohol, it is not all about the breath. And there are other clues as well.
I have never smelled MJ on someones breath after 15 minutes of consumption. If you catch someone 5 minutes after they smoke then sure you can smell it a little bit. 3 hours later is a different story entirely (not saying the OP was telling the truth when he said 3 hours, just using it as an example).

If you want to say that people who smoke marijuana immediately go into sanitation mode, then go right ahead. if that is true, that is an isolated and small microcosm of that particular subculture and I have yet to read of it or hear about it. If it exists, do tell, as I would be curious to learn more about this behavior.
MJ consumers come in all sizes, colors and genders. Some people do go into sanitation mode because of paranoia (of getting caught) that is real and not just a side effect of the drug. Some people don't. Some people sleep a lot, some people become more productive. Everyone reacts differently to MJ and everyone is an individual with different habits and using the drug doesn't change that.

The people that you catch reeking of MJ is because they are n00bs or not thinking. I'm very confident that I could smoke in the outdoor confines of my backyard from a pipe, or better yet I could eat a cannabis infused food and put in eye drops and you wouldn't be able to tell anything an hour later. Some people less used to THC might act in certain ways that would give you clues as to their impairment. They, unfortunately, are n00bs. I was a n00b once, haha.


Weed produces an oil based smoke that allows the smell to cling to cloth and linger there much longer than other similar smoke may.

Different apparatus will produce more or less of this oily smoke, but if it was eliminated completely the THC which is carried by the oils in the smoke would also be lost.

One factor all of these appliances have in common is that the DO produce smells detectable to an educated and trained nose.
Yes but one needs to be trained in all of the smells. Buds (aka non smoked MJ) smell different than the smoke from combusting those buds. And again, the smell of the smoke will differ significantly depending on how it is being smoked or vaporized. When smoking in a way that doesn't produce tons of excess smoke and there is sufficient airflow, very little of the smell actually clings to your clothes. With time, the smell wears off.
 

tranquility

Senior Member
Cali408nia + 12 makes a valid point, the more training and experience one has the more one knows about a subject. I wonder how many cars a cop has to stop with marijuana smokers inside, backed up by classroom training, before he can smell it.
 

CdwJava

Senior Member
Cali, you can couch it and argue against it all you like. The fact is, the stuff reeks. The distinctive aroma remains on the skin, in the hair, in the car, and in the clothing for a good deal of time. People who smoke it do not tend to realize this and think that a gross of air fresheners on the rearview mirror will kill the smell. It doesn't.

Any cop that has been on the job for more than a week knows what it smells like ... most likely already know what it smells like if they grew up in CA. When they get into police work they simply come across more users.

While a person who had smoked a "bowl" 3 hours earlier might not still be impaired from the weed, popping a few Oxy could certainly do the trick. The aroma of the weed allowed for the further detention, the impairment as a result of the Oxycontin is what likely hung him. Unless, of course, the guy was lying about smoking weed 3 hours earlier and it was a tad more recent than that ... but, that wouldn't happen, right? :rolleyes:
 

ihopeyoudieslow

Junior Member
I came here posting the truth about what happen. I have left nothing out in regards to what I had "used" .. I smoked 3 hours prior at 5:15 pm and was arrested 8:40 that night I had taken 2 oxycodone 5 MG for my hernia's as well around 4:30 pm... I am not beating around the bush with what happen, I live a half mile from the gas station.. I was not swerving.. I was perfectly fine to be driving regardless of the misconception that I was ****ing baked out of my mind. I was not even pulled over actually, he pulled in while I was walking into the store. Nothing in regards to my driving ability was mentioned... I smoked a bowl about 4-5 hits of regular weed.. I smoke every day a bowl is not ****. .. I live 30 seconds from the store.. I got lazy I didn't wear my seat belt ...big whoop. I am pleading not guilty and am going to fight this. The cop was only trying to **** me over, believe me or not I don't care. Thanks for all the useful advice that was posted anyways, and for everyone else please **** off. Best Regards

-Me
 
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I came here posting the truth about what happen. I have left nothing out in regards to what I had "used" .. I smoked 3 hours prior at 5:15 pm and was arrested 8:40 that night I had taken 2 oxycodone 5 MG for my hernia's as well around 4:30 pm... I am not beating around the bush with what happen, I live a half mile from the gas station.. I was not swerving.. I was perfectly fine to be driving regardless of the misconception that I was ****ing baked out of my mind. I was not even pulled over actually, he pulled in while I was walking into the store. Nothing in regards to my driving ability was mentioned... I smoked a bowl about 4-5 hits of regular weed.. I smoke every day a bowl is not ****. .. I live 30 seconds from the store.. I got lazy I didn't wear my seat belt ...big whoop. I am pleading not guilty and am going to fight this. The cop was only trying to **** me over, believe me or not I don't care. Thanks for all the useful advice that was posted anyways, and for everyone else please **** off. Best Regards

-Me
Chill out a bit man. I took the topic off track but you will get help here when you can post the toxicology report as well as what you were specifically charged with.

You may have a chance of pleading not guilty and fighting the case. I've got some specific questions about you being pulled over and arrested. At first you told us that you were pulled over for no seatbelt. But you also say that you were not approached by an officer until after you had parked and were walking towards a store. Is it in fact true that you weren't wearing your seat belt and did the officer say that was why he pulled you over? That would indicate that he did observe you driving and didn't just decide to approach the first suspicious looking person he saw. If you can prove that the initial stop was bogus, then it's very possible that any observations after that point (which the officer claimed to smell and see signs of intoxication) were not valid. But you'd need to prove that he approached you for no legal reason and that him saying he saw you without a seatbelt on is a lie. So be specific about the events the led to you getting pulled over.
 

CdwJava

Senior Member
that night I had taken 2 oxycodone 5 MG
In your original post you stated you took THREE Oxys - not prescribed to you. Which is the truth, and which is the lie?

I was not swerving.. I was perfectly fine to be driving regardless of the misconception that I was ****ing baked out of my mind.
One can be impaired and not swerve. Impairment does not require that you be an obvious road hazard. It is a misconception that people who are impaired are necessarily staggering, slurring, weaving, speeding, driving slow, etc.

I was not even pulled over actually, he pulled in while I was walking into the store.
According to your original post he contacted you because he said you were not wearing your seatbelt. That's a legitimate detention. Dollars to donuts in his report he will then articulate that he smelled the odor of marijuana on you and made further inquiry.

I got lazy I didn't wear my seat belt ...big whoop.
That's enough to justify the contact and detention.

I am pleading not guilty and am going to fight this.
You better hope that the toxicology comes back negative.
 

dave33

Senior Member
I was arrested 2 days ago and booked for a DWI/DUI. I was initially pulled over for not wearing my seat belt. I was going to the gas station to buy some cigs, and as I was starting to head towards the entrance a state tropper zoomed in and told me to get back in the truck. He said my eyes looked glazed and that he smelt weed. I did not smoke in the vehicle and believe he was xx me to see what I would do. I first said I smoked about a month prior, he didn't buy it which led me to say I had smoked that day a few hours (about 3 hours) before. I am a heavy smoker and only smoked a small bowl. I had also taken 3 oxycodone 5 mg a few hours earlier for my hernia pain (not prescribed) . SWIM gave me them.. I was by no means smoked out or buzzed off the pills by this point. I "failed" the heel to toe but god was I nervous and had only been up a few hours.. I was still super tired from staying up the previous night playing some computer game. I was not read my miranda rights and was taken to jail before results of my blood/urine test. I had taken the oxycodone about 5 pm and was going through all of this around 8:15 that night.. I was TOTALLY fine driving... HONESTLY... I.. Is there any hope for me?


You should learn not to make statements. You gift wrapped the criminal complaint. You confessed to taking illegal drugs and than driving. That is not a good defense.
 

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