Dui drugs/open container. I should be able to get off

[teknotikal]

Here is how I weighed things out.

Evidence against me: Me saying I smoked 6 hours ago. Blood test showed + for THC but that's inconclusive because I could have smoked yesterday. It's not a clear indication if I had still been under the influence of the drug or if my driving ability was impaired.

Evidence I can use: I pass the sobriety test. I passed the breath test at the P.D. I had no alcohol (.00%) in my system even though there was an open container in the car. I was not charged with possession OR drug paraphernalia during the arrest.

I don_t see the premises on which I can be charged driving under the influence. Do is not have to be proven, beyond a shadow of a doubt, that I was at the time driving in a negligent manner? The evidence is rather weak when compared to all the ones that point to me being sober.

If this is the logic that is applied so that I am charged guilty then MY evidence and should be just as valid as theirs. The way I see it, I have clearly much more proof for my innocence.

If I misunderstood my case then I apologize. But I wanted to see what you guys thought? I wanted advice.

BTW I got pulled over for a busted tailight.

 

[Ohiogal]

Here is how I weighed things out.

Evidence against me: Me saying I smoked 6 hours ago. Blood test showed + for THC but that's inconclusive because I could have smoked yesterday. It's not a clear indication if I had still been under the influence of the drug or if my driving ability was impaired.

Evidence I can use: I pass the sobriety test. I passed the breath test at the P.D. I had no alcohol (.00%) in my system even though there was an open container in the car. I was not charged with possession OR drug paraphernalia during the arrest.

I don_t see the premises on which I can be charged driving under the influence. Do is not have to be proven, beyond a shadow of a doubt, that I was at the time driving in a negligent manner? The evidence is rather weak when compared to all the ones that point to me being sober.

If this is the logic that is applied so that I am charged guilty then MY evidence and should be just as valid as theirs. The way I see it, I have clearly much more proof for my innocence.

If I misunderstood my case then I apologize. But I wanted to see what you guys thought? I wanted advice.

BTW I got pulled over for a busted tailight.

IF IT IS IN YOUR BLOOD THEN YOU ARE UNDER THE INFLUENCE WHETHER YOU FEEL IT OR NOT!
Sorry for yelling but are you really this stupid? You are guilty.
YOu need to be found guilty beyond a reasonable doubt. When you were pulled over you had THC in your system. You were under it's influence. You were pulled over for a busted taillight. YOu had an open container in your car. Guess what? You are guilty. You also admitted to smoking pot.
Your "evidence" is not evidence.

 

[CdwJava]

Here is how I weighed things out.

Get a new scale - yours is broken.

Evidence against me: Me saying I smoked 6 hours ago. Blood test showed + for THC but that's inconclusive because I could have smoked yesterday. It's not a clear indication if I had still been under the influence of the drug or if my driving ability was impaired.

It depends on state law (I forget what state you are in). Positive THC plus observed cues for THC impairment would equal DUI. And since you don't know what the officer was looking at, and, some 7 out of 10 people who fail the FSTs think they did fine (that's why they are impaired ... their judgment is skewed), you really don't know WHAT the officer observed until your attorney gets a copy of the report.

Plus, if they test for the concentration level in the blood, your court could find the concentration high enough to be considered impairing.

Evidence I can use: I pass the sobriety test. I passed the breath test at the P.D. I had no alcohol (.00%) in my system even though there was an open container in the car.

You THINK you passed the sobriety test. And we frequently find that people under the influence of drugs have a .00 BAC. Marijuana, however, tends to be a companion drug, so finding it without alcohol or other drugs in the system is rare.

I was not charged with possession OR drug paraphernalia during the arrest.

Irrelevent to DUI.

I don_t see the premises on which I can be charged driving under the influence. Do is not have to be proven, beyond a shadow of a doubt, that I was at the time driving in a negligent manner?

No, it has to be shown beyond a REASONABLE DOUBT that you were impaired. This impairment can come from the officer's observations of your driving and performance on the FSTs AND the results of the chemical test. In fact, he does not have show any bad driving on your part at all to get a conviction - only the impairment and presence of the drug. If this is CA then impairment would have to be demonstrated by driving or FSTs as the mere presence of THC in the system is not generally going to be sufficient for a conviction.

(NOTE: I say "generally not sufficient" as I have heard of cases where the concentration has been used to show that THC was present in such quantities to have been recently used or impairing.)

If this is the logic that is applied so that I am charged guilty then MY evidence and should be just as valid as theirs. The way I see it, I have clearly much more proof for my innocence.

If you say so.

Start looking for a good DUI attorney just in case.

BTW I got pulled over for a busted tailight.

Then you can't argue for an unlawful detention. That is usually the first, best defense.

- Carl

 

[teknotikal]

Thank you Carl. Finally someone willing to give a sense of direction on how I can possibly fight this.

It depends on state law (I forget what state you are in). Positive THC plus observed cues for THC impairment would equal DUI. And since you don't know what the officer was looking at, and, some 7 out of 10 people who fail the FSTs think they did fine (that's why they are impaired ... their judgment is skewed), you really don't know WHAT the officer observed until your attorney gets a copy of the report.

What are observed cues for THC impairment and should these be recorded in the police report?] Can I get a copy of the report myself? I would assume I just have to go to the PD and ask them for one?
I seriously passed the FST. I know I did. They were rather easy. But I understand that the cop was the person who is judging. Will the report mention the result of the FST?

Plus, if they test for the concentration level in the blood, your court could find the concentration high enough to be considered impairing.

I beleive the test was a positive/negative test only and not levels.

You THINK you passed the sobriety test. And we frequently find that people under the influence of drugs have a .00 BAC. Marijuana, however, tends to be a companion drug, so finding it without alcohol or other drugs in the system is rare.

There were no other drugs in my system. Tested negative for everything else.

No, it has to be shown beyond a REASONABLE DOUBT that you were impaired. This impairment can come from the officer's observations of your driving and performance on the FSTs AND the results of the chemical test. In fact, he does not have show any bad driving on your part at all to get a conviction - only the impairment and presence of the drug. If this is CA then impairment would have to be demonstrated by driving or FSTs as the mere presence of THC in the system is not generally going to be sufficient for a conviction.

Thats good info. I am in California. So assuming the report says that I passed the FST, what do you recommend me tell the judge?

(NOTE: I say "generally not sufficient" as I have heard of cases where the concentration has been used to show that THC was present in such quantities to have been recently used or impairing.)

I spoke with the lab and they said that is does not show levels just positive or negative. But I am going to get a copy of the report anyways.

I went to court today and for some reason my ticket was not in the system. They sent me to the DA's office and they said that my case is still under review. Its been more than a month and I still have not received a courtesty notice. They said they will decide if they want to charge me. Is there anything that I can do to have the case dropped because they are taking too long? Is there such a thing? I know its a long shot but I was just wondering.

Can you also please explain what unlawful detention is and when is it used? Just so that I know in the future.
Thank you very much Carl

 

[CdwJava]

What are observed cues for THC impairment and should these be recorded in the police report?

I can't hope to address the requirements for the agency you were stopped by. Plus, it is a little too involved to go through ALL the cues we are trained to look for. It also depends on the level of training of the individual officer.

Can I get a copy of the report myself? I would assume I just have to go to the PD and ask them for one?

The agency is under no requirement to provide you with a copy of the report. They are usually provided to your attorney when one is appointed or is assigned to represent you. Very, very few agencies will provide you with the report directly.

I seriously passed the FST. I know I did. They were rather easy. But I understand that the cop was the person who is judging. Will the report mention the result of the FST?

The report will mention the cues he observed. Depending on the tests he performed, these may have little to do with counting, walking a straight line, etc. ANd keep in mind that MANY people believes they "pass" because they believe that walking the line, counting, or not falling over when they balance are all that is required ... they are not.

We look for things to include twitching, involuntary movements, eyelid tremors, indications of temperature and pulse (flush, sweating, warm to the touch), muscle tone, balance, ability to follow directions, ad nauseum.

I beleive the test was a positive/negative test only and not levels.

Depending on the test and the officer's level of training and experience, there could be up to four categories of "cues" we might look for.

There were no other drugs in my system. Tested negative for everything else.

There does not NEED to be anything else. However, as I said, with marijuana, simply having THC present in sufficient levels to produce a positive test is not going to be enough (generally) to convict for DUI - unlike other drugs such as meth., cocaine, and opiates, etc. which can result in a conviction for simply being found.

Thats good info. I am in California. So assuming the report says that I passed the FST, what do you recommend me tell the judge?

I don't recommend you tell the judge anything. I recommend you have an attorney talk for you.

Plus, if the report reflects you passing the FSTs then it better articulate some reason to go forward with the charges or the DA will drop the case for lack of foundation.

I spoke with the lab and they said that is does not show levels just positive or negative. But I am going to get a copy of the report anyways.

That's correct. The lab has established a cutoff level for the presence of the drug in your system. However! Upon the request of the agency they CAN go back and test for the level. This is rare, and unless they have nothing else to go on I would doubt it.

They said they will decide if they want to charge me. Is there anything that I can do to have the case dropped because they are taking too long? Is there such a thing? I know its a long shot but I was just wondering.

Nope. They have one year to file on a misdemeanor.

Can you also please explain what unlawful detention is and when is it used? Just so that I know in the future.

In a nutshell it would be an unalwful detention if there was no reasonable suspicion to have detained you at all. If he had good cause to pull you over, and cause to believe you might be under the influence of something (note I said "MIGHT" - he does not have to be correct, only that he has the reasonable suspicion that you are), then that dog won't hunt.

- Carl

 

[BigMistakeFl]

BigMistakeFl

If you plan to go to a DMV hearing to dispute the license suspension as a result of the arrest, often times they will have a copy of the arrest reports and documents for that hearing. It is possible to get a copy there, but hiring a lawyer is still the best way to get your hands on that information.