DUI (weed)

[rpjohn10]

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

Hi, I just got a dui with possession of cannibis, and paraphanilia on December 23rd. What had happened was I went inside a gas station to pay for gas. I then went to pump gas and while the gas was being pumped, the lady stopped the pump. The police then came and said that the lady inside the gas station said that I admitted to being high (which isnt true). The cops then gave me a field sobriety test, arrested me, and searched my car afterwards. What can I do about this? Also I was not inside the car when the cops came up to me, but my keys were in my pocket.

 

[quincy]

What is the name of your state (only U.S. law)? Illinois
... What can I do about this? ...

You should hire yourself a good attorney. You will need one if you wish to have the charges reduced or dismissed.

 

[CdwJava]

What can I do about this?

Hire an attorney that specializes in DUI, and, consider getting clean and sober.

What else do you think you can do? You can't sue the lady at the gas station for calling the cops, or the police for responding, so what were you considering?

 

[rpjohn10]

Hire an attorney that specializes in DUI, and, consider getting clean and sober.

What else do you think you can do? You can't sue the lady at the gas station for calling the cops, or the police for responding, so what were you considering?

Obviously i know that, I just want to know if it was a good enough reason to give me a dui or if i can get it dropped due to it being a consitutional violation

 

[CdwJava]

Obviously i know that, I just want to know if it was a good enough reason to give me a dui or if i can get it dropped due to it being a consitutional violation

The police can talk to anyone they want. If, during the contact, they develop reasonable suspicion to detain you further, they are free to do so.

From what little you wrote, there seems to be nothing wrong here to get you out of this dilemma. Now, whether they have enough to convict you of DUI without observed driving, I can't say. IL might have a different standard for that then CA, so you'll need to speak with an attorney.

 

[Rwedunyet]

Obviously i know that, I just want to know if it was a good enough reason to give me a dui or if i can get it dropped due to it being a consitutional violation

exactly HOW were your constitutional rights violated? Have you read the Constitution (or more applicable in this case, the Bill of Rights)?

In case you've never read it, here is an online transcript of our Constitution.
http://www.archives.gov/exhibits/charters/constitution_transcript.html

However, when what most people quote from the Constitution is actually on the Bill of Rights, which can be found here:
http://www.ratical.org/co-globalize/BillOfRights.html

 

[witzeroni]

Why did you decide to cooperate with the police??? That was a HUGE mistake in this case.

 

[Zigner]

Why did you decide to cooperate with the police??? That was a HUGE mistake in this case.

Did you READ the thread? What do you think the OP did that is outside the realm of appropriate behavior when dealing with the police?

 

[witzeroni]

He agreed to the field sobriety test while under the influence - HUGE mistake.

 

[TigerD]

He agreed to the field sobriety test while under the influence - HUGE mistake.

1. The OP did not admit to being high.
2. You know nothing about which you speak.

DC

 

[witzeroni]

1. The OP did not admit to being high.
2. You know nothing about which you speak.

DC

Hello, is anybody out there??????

Why do you think he was given a dui?

 

[CdwJava]

Of course, he can also be arrested without the FSTs, so it may not have changed the end result.

More than likely the OP believed he was fine and would not have exhibited any impairing signs ... such is the nature of being impaired.

 

[witzeroni]

Of course, he can also be arrested without the FSTs, so it may not have changed the end result.

More than likely the OP believed he was fine and would not have exhibited any impairing signs ... such is the nature of being impaired.

Java, I have responded but quincy removed it. If one disagrees with those in control, those in control will remove the offenders.

 

[CdwJava]

Java, I have responded but quincy removed it. If one disagrees with those in control, those in control will remove the offenders.

I do not believe Quincy is a moderator. If he is, then I suspect he believed you violated the TOS within your post. Since I never saw it, I can't say.

But, I will say that offering arguments opposing DUI arrests, prosecutions, and/or penalties all because MADD might make some money at some level related to the process is unproductive and rather short-sighted. The law is what it is. There may be a forum to discuss what you'd like the laws to be, but it is not here within the context of someone else's thread.

 

[henningerlaw]

I will suggest that you have to hire a specialize attorney that experiences for DUI-related cases.