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Charged with consumption of marijuana underage but wasn't smoking n had nothing on me

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katib

Junior Member
What is the name of your state (only U.S. law)? Colorado

I :eek:am 18 and live in the state of Colorado and I was driving with a friend to another friend's house and had literally just parked my car and saw a police car with it's lights on who approached my vehicle. I drove straight there and it was a trailer park and did not driving around at all. The officer came to my car and stated that he received a call about a suspicious vehicle in the area. I explained that I had just got there which I'm sure he most likely saw me drive straight to that residence, and I just turned my car off for us to go inside. He approached my car and told me about the call about the suspicious vehicle and I told him I had just gotten there and didn't see anything as again, I just drove straight there and parked where I usually park. He asked for our driver's licenses only and went back to his car and kept checking my plates several times, like he was trying to confirm something, I'm not sure. When he returned to my car he said my car smelled of marijuana and asked if we were smoking. I stated no, we had just pulled up and had just parked. I have never been in any trouble and I didn't want to be dishonest so I did tell him that I did smoke that morning. I am 18 and my friend, in the passenger seat was 17, He asked if we had anything in the car and I stated no, not knowing that my friend had a pipe in her possession. She willingly turned it over to the officer. He asked me to perform a roadside test which I passed. He did not ask to search my car and did not search my car although I had nothing in there anyway. I have a friend, who is over the age of 21 with a medical marijuana card that does sometimes smoke in my car and that is why the car smelled the way it did. I do not smoke in my car. I did not know my friend had a pipe in her possession and it did not have anything in it. I was given a ticket for Illegal Consumption of Marijuana by an underage person even though I did not have the pipe in my possession, or know she had it, and I passed the roadside test, but did admit I had smoked that morning. He wrote the ticket for a summons and let us go. The time of the ticket was at 2211. Was I given the ticket because I told him I had smoked earlier that day? I smoked at my home and that was the first time I had driven since then and yes, I know I am underage. My friend, who is 17 received a letter that she does not have to go to court and go through a diversion program. I didn't receive a letter but is that because I am 18 and she is 17? She is the one who had the pipe without my knowledge and there was no illegal substances in the car or the pipe which we turned into him. Again, he did not search the car or ask to. How can we be charged for illegal consumption of marijuana if we weren't smoking when he arrived or even have the substance with us and pass the roadside test? He didn't perform any other test? I don't even know why he came to my vehicle to begin with as I just pulled up and he was looking for a called in 'suspicious vehicle' that was called in and he would have had to have plates or something or a description of the car and I had literally just pulled in and parked. In addition, when I did smoke that morning it was at my own home address with my parent's knowledge and consent who was home at the time and my counselor is aware of the use as well due to extreme anxiety and have been very open about it and rarely smoke though they do not approve, they give consent. They do NOT purchase it for me and I get lectured all the time but speaking to my counselor and psychiatrist, they have stated that it does help with my diagnosis of Bipolar II, Anxiety and PTSD and depression. This is my first time of getting into any trouble at all my entire life and am really scared and I don't know why he even came to my car to begin with. Is there a way to get this dismissed since I passed the roadside test and had no signs of impairment? I don't have a copy of the police report to see why he came to my car about this suspicious vehicle deal in the first place because he had to have seen me just driving onto the road and area and just parking since I drove straight there? Also, is this a traffic ticket as the traffic box is not checked off, just CRS and will it affect points on my DMV record? I was afraid to tell my mother about this until the other day and the ticket is from March 23 and I have to go to court on April 17th. I have no money and I just finally told my mother who will try to help me and suggested that I ask questions. She suggested maybe getting a Public Defender but it's so late now because I was afraid to tell her and I don't know if I can get a continuance and I don't know anything about court and since I wasn't smoking or have any marijuana on me and my friend is the one who had the pipe without me knowing but it didn't even have anything in it, yet that is illegal also but I didn't have it. Is this something that can get dismissed or when I go to court do I have to automatically plead guilty because I am a minor and she had a pipe in my car and I told him I had smoked that morning but on my private property with my parent's knowledge and consent even though I am underage?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Colorado

I :eek:am 18 and live in the state of Colorado and I was driving with a friend to another friend's house and had literally just parked my car and saw a police car with it's lights on who approached my vehicle. I drove straight there and it was a trailer park and did not driving around at all. The officer came to my car and stated that he received a call about a suspicious vehicle in the area. I explained that I had just got there which I'm sure he most likely saw me drive straight to that residence, and I just turned my car off for us to go inside. He approached my car and told me about the call about the suspicious vehicle and I told him I had just gotten there and didn't see anything as again, I just drove straight there and parked where I usually park. He asked for our driver's licenses only and went back to his car and kept checking my plates several times, like he was trying to confirm something, I'm not sure. When he returned to my car he said my car smelled of marijuana and asked if we were smoking. I stated no, we had just pulled up and had just parked. I have never been in any trouble and I didn't want to be dishonest so I did tell him that I did smoke that morning. I am 18 and my friend, in the passenger seat was 17, He asked if we had anything in the car and I stated no, not knowing that my friend had a pipe in her possession. She willingly turned it over to the officer. He asked me to perform a roadside test which I passed. He did not ask to search my car and did not search my car although I had nothing in there anyway. I have a friend, who is over the age of 21 with a medical marijuana card that does sometimes smoke in my car and that is why the car smelled the way it did. I do not smoke in my car. I did not know my friend had a pipe in her possession and it did not have anything in it. I was given a ticket for Illegal Consumption of Marijuana by an underage person even though I did not have the pipe in my possession, or know she had it, and I passed the roadside test, but did admit I had smoked that morning. He wrote the ticket for a summons and let us go. The time of the ticket was at 2211. Was I given the ticket because I told him I had smoked earlier that day? I smoked at my home and that was the first time I had driven since then and yes, I know I am underage. My friend, who is 17 received a letter that she does not have to go to court and go through a diversion program. I didn't receive a letter but is that because I am 18 and she is 17? She is the one who had the pipe without my knowledge and there was no illegal substances in the car or the pipe which we turned into him. Again, he did not search the car or ask to. How can we be charged for illegal consumption of marijuana if we weren't smoking when he arrived or even have the substance with us and pass the roadside test? He didn't perform any other test? I don't even know why he came to my vehicle to begin with as I just pulled up and he was looking for a called in 'suspicious vehicle' that was called in and he would have had to have plates or something or a description of the car and I had literally just pulled in and parked. In addition, when I did smoke that morning it was at my own home address with my parent's knowledge and consent who was home at the time and my counselor is aware of the use as well due to extreme anxiety and have been very open about it and rarely smoke though they do not approve, they give consent. They do NOT purchase it for me and I get lectured all the time but speaking to my counselor and psychiatrist, they have stated that it does help with my diagnosis of Bipolar II, Anxiety and PTSD and depression. This is my first time of getting into any trouble at all my entire life and am really scared and I don't know why he even came to my car to begin with. Is there a way to get this dismissed since I passed the roadside test and had no signs of impairment? I don't have a copy of the police report to see why he came to my car about this suspicious vehicle deal in the first place because he had to have seen me just driving onto the road and area and just parking since I drove straight there? Also, is this a traffic ticket as the traffic box is not checked off, just CRS and will it affect points on my DMV record? I was afraid to tell my mother about this until the other day and the ticket is from March 23 and I have to go to court on April 17th. I have no money and I just finally told my mother who will try to help me and suggested that I ask questions. She suggested maybe getting a Public Defender but it's so late now because I was afraid to tell her and I don't know if I can get a continuance and I don't know anything about court and since I wasn't smoking or have any marijuana on me and my friend is the one who had the pipe without me knowing but it didn't even have anything in it, yet that is illegal also but I didn't have it. Is this something that can get dismissed or when I go to court do I have to automatically plead guilty because I am a minor and she had a pipe in my car and I told him I had smoked that morning but on my private property with my parent's knowledge and consent even though I am underage?
Katib, your mother used your account and your user name to ask about your stop by the police. You can read her thread for responses.

It is recommended that you speak to no one - including your mother - about the incident. Instead, speak only to your attorney. What you say to the attorney is privileged and cannot be used against you. What you say to your mother is not privileged and can be used against you.
 

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