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Charged with Internal Posession

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toria8

Guest
Hi,
My boyfriend and I live in Utah and we got pulled over for having an expired registration (I know that was really stupid) and the cop seperated us and took me in his car with him. He started asking me if I had smoked pot and read me my rights, but basically said that if I didn't tell him anything it was going to be worse. Anyway, he ended up searching the car on the basis that it smelled like pot but didn't find anything. He made us give him a "voluntary" pee test which came out positive for both of us and charged us with internal posession. We both got a ticket for $555 but when we went in to talk to the judge, he said that there is a possibility that we could be charged with the maximum sentence of 6 months in jail, $1800 in fines, and having our licences revoked for 1 year. I'm pretty sure he said that we would have our licences revoked no matter what. He said we might be able to plea bargain with the prosecutor and told us all our rights and everything. This was our first offense. What should we do?
 


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howlong

Guest
Frickin' cops

O.k., first of all you said the cop told you if you didn't tell him things it would only be worse.....well did you? What did you admit? Also, you have a hanfull of variables. Your boyfriend could be charged with DUI for driving while high. If you weren't driving YOU weren't under ANY obligation to give him a urine sample. BUT you ,yourself wrote that he MADE you give a VOLUNTARY sample.?! Did he MAKE you? It sounds like he told you it was voluntary. Your boyfriend however had to under Utah law or his licence would be automatically suspended for a year. It probably will be anyway. I, would have refused. (to talk or pee) Good luck.
 
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howlong

Guest
Of age?

By the way , are you 18? This might help if you're not.
 
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toria8

Guest
Thanks for replying to my post

No, unfortunately I'm 24.

Now that it happened I realize that I really didn't have to talk or pee. It was just that the cop put me in a corner. It was my car that my boyfriend was driving and by "worse" the cop was basically threatning me that he would give him a DUI and take my car and I would never see it again. So basically it was "better" that he gave him a ticket than a DUI I guess (even though your license only gets revoked for 3 months for a DUI, now where's the logic in that?). I also don't really understand how a pee test could tell that you are presently under the influence of marijuana since it stays in your system for 30 days. But anyway, to answer your question, I did tell the cop that I had smoked the night before which was true.

We contacted a lawyer who people around here have recommended to us since he is working on other similar cases. He thinks that the cop violated our rights to remain silent and basically coerced us into talking and peeing and that he could file a motion to supress the evidence. Do you think it is true and worth fighting or should we just try and do a plea and obeyence with the prosecutor? The nice thing is that the lawyer actually trained the prosecutor.

Since all this has happened we have talked to people about it and have done some research and it seems like there is something going on here. There are only 3 counties in Utah that are allowed to conduct "voluntary" or warrented pee tests. It's kind of a weird thing though...because what I don't understand is that you say and others say "don't pee" but how can they even have that if you don't HAVE to. It seems like they would have to coerce you into doing it so that doesn't really make sense to me. I've heard of people refusing and the cops bringing out a catheter and making them. Those cases have been won though. But besides all that it also seems like their is profiling going on, not only racial but for people who look like hippies or simply people with long hair. I met a guy with long hair at the store the other day who had gotten pulled over 3 times for no reason. I also read about an Indian guy who filed a racial profiling law suit with ACLU after getting pulled over in Utah and he won. It seems like something could be done...my boyfriend had the idea of contacting the media or maybe ACLU too.

Anyway, I hope you'll let me know what you think.
thanks!
 
M

Mikedani

Guest
Pay the ticket...
Dont smoke and drive...
Get on with your life...
 
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hamburgler

Guest
internal possession? sounds like BS to me..... basically he could be charged for the DUI... but pee tests are for finding metabolites and not the actual controlled substance delta 9 - THC or the actual marijuana plant.... so technically YOU can't be guilty of a crime.... a controlled substance and its metabolites are not the same thing.
 
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toria8

Guest
Is that law? And if it is, why wouldn't my lawyer know that? Why also would the cops be allowed to get away with it?

My boyfriend had mixed his pee with water so when they sent it off to the lab it actually came up negative that time so his case got dismissed. The best the lawyer could do for me was a plea and obeyence, which means that if I am good for 6 months than it will be thrown out. I also have to pay $700. I kind of felt that the lawyer could have done more and that he didn't because our cases got combined somehow and since my boyfriend got off so easily than I should just accept the charges. I also think this internal possession thing is BS too and am even wondering if it is legal or if they are just making up their own laws here without anyone knowing about it. I'm still thinking of contacting the ACLU. I don't know...
 
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hamburgler

Guest
the internal possession charge sounds like it is in reference to having something like cocaine filled condoms or something in your stomach..... in which case the cop would need to get a court order to have your stomach pumped.....

can you get the law wording or as least the number so i can look it up myself

i think they are misapplying the term internal possession .....


i don't think they can revoke your license either.... i think DMV and drug issues are unrelated unless you are driving under the influence.... thus your boyfriend could lose his license but not you.... then again i dont know utah law


also, under what conditions was this piss test voluntary... can you give more details.... i don't think the cop should have even asked you for a test.....


the reason i think the internal possession thing is bs is let's say hypothetically a drug test is a condition of parole and someone were to fail it.... they only consider it as violation of parole and don't decide to take the parolee back to court for another charge


contact the ACLU or another lawyer familiar with drug law in utah

that's my two cents
 
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toria8

Guest
Thanks for your interest in my case,

The way it is written on my ticket is "Possession of Marijuana (internal)" and the number is 58-37-8-1.

With the plea and abeyance I didn't get my license revoked.

The piss test was "voluntary" because of the threats. He basically said "we can do this the hard way or the easy way..." He told me that I have the right to remain silent but that if I do it will be worse (he'll give my boyfriend a DUI and take my car away). That's when I told him I had smoked the night before. Then it was basically the same with the piss test, that since I admited he would just need a sample from me and that he could get it a warrant for it anyway. All I could think of is wanting to get out of there and he made me feel like he could do whatever he wanted to anyway. I didn't know my rights then but now I know!
 
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