DUI case problem

[Dean Duckwotrth]

Hello there, I'm from NY, straight to the point, I was caught high while i was driving my car. I've smoked one joint of marijuana and after a few hours i decided to go home. I know that it is illegal but I was really driving well, maybe better than I drive sober, but somehow the police stopped me and the officer figured out that i was high. He has taken my driver's license and gave me a huge fine. I've read on some sites that my fine can be appealed. But my state was documented by the officer, and i don't know is it worth it to appeal that convict or not?

 

[PayrollHRGuy]

Have you paid the fine and hence pled guilty?

 

[PayrollHRGuy]

Hello there, I'm from NY, straight to the point, I was caught high while i was driving my car. I've smoked one joint of marijuana and after a few hours i decided to go home. I know that it is illegal but I was really driving well, maybe better than I drive sober, but somehow the police stopped me and the officer figured out that i was high. He has taken my driver's license and gave me a huge fine. I've read on some sites that my fine can be appealed. But my state was documented by the officer, and i don't know is it worth it to appeal that convict or not?

Two questions.

1. When was this?
2. Have you already paid the fine?

 

[not2cleverRed]

I find it curious that OP states that, "I was really driving well, maybe better than I drive sober" - how can he, in an altered state, be the judge of that?

Earth to Dean: if your driving were so stellar, the officer wouldn't have noticed you pulled you over.

By the way, maybe your poor judgement is part of the reason why you STBX does not want you to have any independent parenting time with your child. It is too bad that Leandra's Law only applies to alcohol.

 

[Whoops2u]

I find it curious that OP states that, "I really driving well, maybe better than I drive sober" - how can he, in an altered state, be the judge of that?

The OP's statement can also be called an admission. Admitting one is driving differently because of a drug's influence should result in a conviction.

Without that admission, smoking a joint a few hours before might not be enough to make a valid claim of driving under the influence. One major issue with the legalization regulation of cannabis, either recreational or medical, has to do with driving. Cannabis is not alcohol and getting clear statistics of blood levels related to effect on driving is difficult. Just because someone has some level of cannabis or metabolites in them does not make it unreasonable or criminal for them to drive.

 

[quincy]

Hello there, I'm from NY, straight to the point, I was caught high while i was driving my car. I've smoked one joint of marijuana and after a few hours i decided to go home. I know that it is illegal but I was really driving well, maybe better than I drive sober, but somehow the police stopped me and the officer figured out that i was high. He has taken my driver's license and gave me a huge fine. I've read on some sites that my fine can be appealed. But my state was documented by the officer, and i don't know is it worth it to appeal that convict or not?

You say, "somehow the police stopped me and the officer figured out I was high."

What was the articulated reason for the stop? Did you violate another law that resulted in the stop (e.g., failed to stop at a stop sign, tail light out)?

 

[HighwayMan]

Admitting one is driving differently because of a drug's influence should result in a conviction.

Differently?? No. Only if one's ability is impaired.

 

[HighwayMan]

He has taken my driver's license and gave me a huge fine.

He may have taken your license, but he did not "give you" any fine.

I've read on some sites that my fine can be appealed. But my state was documented by the officer, and i don't know is it worth it to appeal that convict or not?

So did you have a trial? Were you convicted or did you plead guilty? Did you have an attorney?

 

[Whoops2u]

Differently?? No. Only if one's ability is impaired.

Do you have any cases that have a person feeling differently because of marijuana who was not considered impaired?

 

[HighwayMan]

Unless the officer can articulate that the motorist exhibited signs of impairment the case goes nowhere. It doesn't matter how the motorist "feels".

 

[Whoops2u]

Unless the officer can articulate that the motorist exhibited signs of impairment the case goes nowhere. It doesn't matter how the motorist "feels".

If how the motorist "feels" is different from normal and is relayed to the officer, is that something he can articulate?

Dude, I accept the point that while the law is titled "Operating a motor vehicle while under the influence of alcohol or drugs. " the elements inside say impairment. (Some, intoxication.) If that is what you wanted to say, fine. If you want to claim a driver who admits to not feeling normal to a police officer has not made an admission that is going to be used against him in court, I'll have to disagree. From the way you are arguing, it seems the later.

 

[Just Blue]

I suggest no one get all het up over this OP ...he is just trolling for some law firm (admin removed the links on this and another thread.) The duck has left the building till his lawyer boss tells him to start and another thread...jus' sayin'.

 

[FlyingRon]

Actually, New York has both charges for IMPAIRED and INTOXICATED. He should be talking to a lawyer, I doubt he has the means to relay what his actually observed level of impairment or intoxication is or what the state has against him.
While the officer must have an articulable reason to pull him over, he doesn't have to articulate it to the person he stopped, just a judge.

 

[HighwayMan]

If how the motorist "feels" is different from normal and is relayed to the officer, is that something he can articulate?

Feeling different than normal is not impairment.

From the New York State Mental Hygiene Law:

1. "Intoxicated or impaired person" means a person whose mental or physical functioning is substantially impaired as a result of the presence of alcohol and/or substances in his or her body.

QUOTE="Whoops2u, post: 3580407, member: 688227"]If you want to claim a driver who admits to not feeling normal to a police officer has not made an admission that is going to be used against him in court, I'll have to disagree. From the way you are arguing, it seems the later.[/QUOTE]

Yes, of course the statement may be used in court - for what exactly I don't know. Simply saying "I feel different" is hardly a sign of impairment.