C.a. D.u.i vc23152(a) "can you help"!?

[hopee]

One weekend in 05/12 I couldn’t forget. I’m in SAN FRANCISCO visiting my mom in ICU for 2nd time of her life fighting cancer. I am a daily pot head, I smoked a little bit around 6 o' clock (my tolerance is very high for marijuana), and I’m already sober after my 2 hr drive (almost) goin back home (yes, I was going through it). Around 9-10pm I passed CHP on the overpass in San Joaquin county CA when this cop did unnecessary driving to get me (I’m sure crooked cops are in every city). So I decided to pull over when he’s more then 100 yards behind; having no time to read my plate, I’m already emotional as the 2 guys approached when they didn’t hesitate to get out of their car. Also, I’ve never seen these guys before as many times I’ve been messed with in my home town. So, CHP came off as a smooth prick. Driver side asks for licenses, registration, & insurances. As I handed him my information, I stated that was uncalled for making illegal u turn on the double yellow line, he laughed, then put up a serious face “have you’ve been drinking”? I said no, I don’t drink and really I don’t. Driver side & passenger CHP decided open up my doors without my consent. Yes I am on 5 year felony probation in Alameda County; these cops didn’t have a chance to run any of my info until after I’m outta the car when driver side CHP is talking to me when the passenger CHP is already searching my car. Then hesitate and had the nerve to ask if I was on probation, I said yes then he continues searching.

I told CHP off the start that I’m a diabetic, where I’m coming from and going through. I was calm and polite with a lot respect. I do admit I did fumbled my words when it was chilly while being in a t shirt and jeans that night. I passed the breathalyzer and maybe my coordinates was bad because I was overwhelmed of what my mom was going through. So, as he gave me trickery. CHP decided to take me their station and do everything all over 3 or four times. Yes I gave a urine sample but at the time (I was like in my head: how can they prove I’m under the influences even if I did smoked erbs. Let’s say I did smoke within hr before I had gotten pulled over but I didn’t smoke because that was around 6-7 when I did, remember it’s around 9-10pm). I’m not drinking; the car doesn’t smell like erbs. These pricks had no sympathy and to say... Cut the family bull sh*t and tell me what you’re on? I was so pissed off that I had to be niice so I can could make a phone call off my cell when he also said you’re getting a DUI but I’m going to leave it up to the D.A. but I will leave your driver license’s in your property. I can’t remember if I signed anything at the station. As I’m going to county thinking I’m going to get no paper work but book and released with no charges thinking this is a joke as these pricks decided to pull over another car on the FWY when I’m in the back seat and they let that car walk. I was pissed how these B*stards treated me. I go to court for the DUI in June or July: when I ended being the last person called up, judge tells me charges were never filed from the D.A. You got lucky son. I was happy for next 24 hrs when I gotten a letter from DMV saying my license is going to be suspended for the amount of 5 months nearly, I followed up on the letter and faxed a letter requesting a hearing. A month later during the first 2 weeks of my suspension (supposedly) I get a letter stating… Put to a side or reinstatement with no penalties, no fee’s. I was happy that I gotten my license’s back when I didn’t do nothing wrong.

A week or 2 (before my beloved mother passed 10/13/12 from battling cancer past 18 months).

I get a letter from the D.A. saying I half to attend court 11/05/12 and now that my DUI case has been repealed over hearsay now. When I know these cops are lying in their report!

I’m so angry with this matter and I don’t have money laying around for a lawyer when I’m trying to find a job and to attend school sometime next year in 2013 since somebody always had to be home for mom’s and take her to her 2 to 4 days weekly appointments during these last beautiful 18 months I spent with my mother.

Can anybody help me out? 11/05/12 CA court paper only has one charge that says vc23152(A). My next court date is 11/28/12

Apologized for my long novel,
Thank you!

 

[FlyingRon]

Sorry about your mom, but that is not an excuse.
Alleged tolerance to the intoxicants is not a defense.
What makes you think the cop is crooked in SF (or your home town for that matter).
Your comments to the officer about how he drives his car isn't called for either.
Heavy mj users absolutely reek of the stuff. The officer probably didn't have to work hard to have a reasonable suspicion of your intoxication
Cops have the right to ask if you are intoxication, on probation even if you weren't. This is called "good police work."

You absolutely need a lawyer, your attitude is such that you can not objectively look at the facts here (in fact, I'd recommend it even if you were Johnny Cochrane yourself). Your probation is almost certainly at risk here as well. I can almost bet you are not supposed to be doing drugs on probation. If you are truly indigent and can not afford one, rather than just being unwilling to spend the money, ask for a public defender.

 

[CdwJava]

I am a daily pot head, I smoked a little bit around 6 o' clock (my tolerance is very high for marijuana), and I’m already sober after my 2 hr drive (almost) goin back home (yes, I was going through it). Around 9-10pm I passed CHP on the overpass in San Joaquin county CA when this cop did unnecessary driving to get me (I’m sure crooked cops are in every city).

You say he used "unnecessary driving" to get to you? What is that? If it was the only way to catch you, so be it. How is his catching up to you "crooked?" Or, is it just "crooked" because he caught you?

And if he made a U-Turn across a double yellow, something caught his attention. It was either your speed or your driving that caught his attention. He didn't just decide that you were the target of the hour and randomly decided to pick you out of a crowd for his attention.

I passed the breathalyzer and maybe my coordinates was bad because I was overwhelmed of what my mom was going through.

Or, more likely, you had problems because you were still impaired by the marijuana (or other drugs).

I’m not drinking; the car doesn’t smell like erbs.

Maybe it doesn't smell like "erbs" [sic], but if you had been smoking marijuana in the car at any time in the past few days, or earlier in the clothes you were wearing, it was likely pretty clear what you had been up to. Remember, marijuana has a very pungent and distinctive aroma that clings to everything. Anyone not used to the odor will smell it.

I go to court for the DUI in June or July: when I ended being the last person called up, judge tells me charges were never filed from the D.A.

Lucky you.

I was happy for next 24 hrs when I gotten a letter from DMV saying my license is going to be suspended for the amount of 5 months nearly, I followed up on the letter and faxed a letter requesting a hearing. A month later during the first 2 weeks of my suspension (supposedly) I get a letter stating… Put to a side or reinstatement with no penalties, no fee’s. I was happy that I gotten my license’s back when I didn’t do nothing wrong.

Lucky you. Dd they ever say what the license was suspended for?

I get a letter from the D.A. saying I half to attend court 11/05/12 and now that my DUI case has been repealed over hearsay now. When I know these cops are lying in their report!

Your wording is unclear ... are you saying that the DA finally filed the case? Have you actually read the report? Oh, and a police report is NOT "hearsay."

I’m so angry with this matter and I don’t have money laying around for a lawyer when I’m trying to find a job and to attend school sometime next year in 2013

The court will appoint an attorney for you at your arraignment. Do not disobey the summons to court. If the case is weak, it won't go very far. But, if the officers' observations are sufficient to show that you were operating the vehicle while impaired (and SOMETHING drew their attention to you) then they can make the case.

 

[OHRoadwarrior]

Sounds like you were high writing this also. A bit of a clue, you should not blatantly keep flaunting the law while you are on probation. Not Smart.