if one was to get charged with dui for mj. could you have a chance to fight it in court if you had enough reasonable explanations? for example you can say your eyes were red because of allergies. smell in car was from past use and say you quit days ago which would also explain high mj levels. then explain failing the physical test that lead to piss test by saying you have vertigo.

wether its true or not, do you think theres a chance that could hold up in court?

who the fuck gets a dui for driving high?

Someone dumb enough to fail the field test, blow 000, and let them draw blood.

Just take your punishment like a man, and learn your lesson. Saying that shit to a judge is NOT going to help you, and is only going to piss them off more, thinking you are insulting their intelligence by thinking they would believe such a halfassed bullshit story.

this. If you couldn't pass the field test, you shouldn't be driving. The vertigo thing will be checked against your medical record, and if you lie, then you just got yourself a purgery charge too.

Plead guilty, tell the whole truth, and promise it won't happen again. NOTE: if it does happen again, they'll have your ass.

One time I was told that in order to beat a DUI, after being pulled over as the cop questions you, just stare at him like an idiot and don't say anything. No matter what he does or threatens you with, don't speak. The cop will get really pissed off and probably arrest you for obstructing justice or something like that, but that's nowhere near as bad as a DUI charge.

When I was told this, I really didn't believe it at all and called bs.

Could it work though? I doubt it.

big lols all around everybody

take a huge bong hit in front of the cop before he has a chance to say anything. he cant prove you were high while driving

That wouldn't work. Refusing to participate in roadside tests has far greater implications than doing them and getting busted.

That wouldn't work. Refusing to participate in roadside tests has far greater implications than doing them and getting busted.

I thought you just got your license revoked for a year INSTEAD of being hauled off and all that shit.

I thought you just got your license revoked for a year INSTEAD of being hauled off and all that shit.

Depends on your location. Wyoming puts you in the drunk tank until you've got someone who can blow/bleed/piss a .00 to bail you out (plus the $250 or whatever bail is), or until you've no longer being affected enough by whatever substance you've consumed (whether it's alcohol or other illicit substances) to appear before a judge.

The problem lies in the fact that if you're hanging around a bunch of losers who are broke, high, drunk, or otherwise cannot post bail for you, you get to wait in jail. Get popped on a Friday night? Guess what, you're sitting there until Monday morning, and we don't make jail to be liked. You'll sit in a concrete cell smelling yourself and whoever else has been there until at least 9:00 AM on Monday when court will be in session. Monday's a federal holiday? Tough shit, enjoy your extra day in jail.

That being said, almost everyone I know has been nailed for a DUI here, and the fine, loss of license, and alcohol/drug counseling afterward are evidently a bitch. Couple that with your insurance going up, and you'll be paying big time for a LONG time. They will get you, via blood, breath, or urine, so not saying anything is just a way to piss the cop off. I doubt they can get your for obstruction here, but I wouldn't be surprised if you got nailed for resisting. Being in any way uncooperative just means you'll have another charge on top of your Driving Under the Influence charges.

That wouldn't work. Refusing to participate in roadside tests has far greater implications than doing them and getting busted.

Indeed. Failing to participate in a roadside test warrants an immediate confiscation of your license.

Dont listen to these people.

GET A FUCKING LAWYER dude. Unless you admitted you were high, a good lawyer will have that shit dismissed with no problem. Trust me, I just had a case dismissed that was far worst then yours. Its worth the extra money.

Again, I can only speak from Wyoming's point of view, but the only way it'll get dismissed is if he were to get a first time offender status. He then does some supervised probation, has to attend alcohol/drug counseling, pay a hefty fine, court costs, and there's still no guarantee it'll go off his record.

If you want to pay an attorney to be on retainer, go for that, but it doesn't sound like the OP has the brains or the funds to do that.

But hey, the lawyer will like it. They don't mind if they've got a brain dead moron with a completely open and shut case just so long as they get paid.

^Hes talking about driving under the influence of weed, not alchohol. They didnt find any weed on him. They just smelt it and tested him for it.

I think you should do what the guy did in Blow. Go up and give the judge a lecture about how you crossed an imaginary, society built line and that you did nothing wrong. Then watch as he/she says "gtfo."

But seriously, just get a lawyer, thats what they are there for.

Doesn't matter here. You're still getting taken in for driving impaired.

If that particular defense would work elsewhere, I suppose its worth a shot, but I'd say that if you're putting your word against the cop's word, this damn well better be your first offense for anything. Otherwise, you'll be in the area of officer discretion, and 9 times out of 10, the judge will side with the officer(s) who had the citation/report, particularly if you refused a field test, which will likely be seen as an admission of guilt.

Honestly, the best way of getting yourself out of this situation is go in and be straight with the judge, see if they'll suspend any sentence (you'll get probation, no doubt, and have to attend some drug counseling) and try for first offender status (unless you have priors). Lying through your teeth isn't gonna cut it, they deal with that all the time.

Maybe it does vary state from state. Hell, where I live weed is decriminilized. I know for certain that a lawyer will help him a great deal though. One of my freinds had a dui charge droped because the lawyer said the officer had no probable cause to pull him over. That was from alchohol, not weed. Lawyers truley do wonders if you pay the right one. If he didnt get caught with any weed, there really isnt proof that he was high when he was driving. He could have smoked 2 days before and still failed the blood test.

To the OP. Do whatever you want bro. Ive been to court for criminal charges more then a handful of times. One of the times were for driving under the influence of alchohol under 21, and the case was dismissed. Im just trying to give you the best advice I can from my own personal expereince. Im not trying to steer anyone the wrong way. So you can take my advice with a grain of salt if you wish to do so.

http://video.yahoo.com/watch/315933

Oh yeah, watch that video, multiple times. That way youll be better prepared next time.

You have allergies, you coincidentally quit smoking the day before that, and you have a very convenient case of vertigo that only effects you during roadside sobriety tests. Any judge with more than five braincells will let you off the hook with a bulletproof story like that...

On a more serious note, the legal system (no matter how effective) is there for the purpose of rehabilitating criminals. So, all ya gotta do is look like you are sorry and be honest about what ya did and tell them it won't happen again. The last thing the judge wants to see is another pothead who blames the red eyes on allergies and won't take responsibility for his own fuckups.

I was told by an actual cop friend of mine that if you are being arrested for something minor, and when they pull you out of the car, and you know you are fucked, SHIT IN YOUR PANTS. Yes, you read that right. Just plop a fucking turd right out all over yourself man, and the cop supposedly wouldn't want to fuck with it, put you in his car, do the extra paperwork on something so fucking bizarre, and would be just so caught off guard in general they would be like, look just gtfo on home and don't do it again.


Swear to god, that came straight from one of US's finest.

I was told by an actual cop friend of mine that if you are being arrested for something minor, and when they pull you out of the car, and you know you are fucked, SHIT IN YOUR PANTS. Yes, you read that right. Just plop a fucking turd right out all over yourself man, and the cop supposedly wouldn't want to fuck with it, put you in his car, do the extra paperwork on something so fucking bizarre, and would be just so caught off guard in general they would be like, look just gtfo on home and don't do it again.


Swear to god, that came straight from one of US's finest.

And if that doesn't work use the Training Day trick in court.

LOL if I'm ever fucked I'm shitting myself!

I was told by an actual cop friend of mine that if you are being arrested for something minor, and when they pull you out of the car, and you know you are fucked, SHIT IN YOUR PANTS. Yes, you read that right. Just plop a fucking turd right out all over yourself man, and the cop supposedly wouldn't want to fuck with it, put you in his car, do the extra paperwork on something so fucking bizarre, and would be just so caught off guard in general they would be like, look just gtfo on home and don't do it again.


Swear to god, that came straight from one of US's finest.

Lol, my uncle told me the same thing. Except he is a prison gaurd. He said if your in fear of getting raped, shit in your pants and it will make you look less attractive. Not sure if he was joking or not...

Lol, my uncle told me the same thing. Except he is a prison gaurd. He said if your in fear of getting raped, shit in your pants and it will make you look less attractive. Not sure if he was joking or not...

they had a rape prevention tip like that on the illinois state police website

--

Talk to a lawyer, a lot of people get off with no charges because of shit like no probable cause.

Here's some papers that have the IL DUI consent warnings with suspension times and shit. Some places it's called an implied consent law. They vary state to state.


http://img165.imageshack.us/img165/9922/duinf5.jpg

http://img165.imageshack.us/img165/1227/duiwarningtomotoristyd7.jpg

http://img165.imageshack.us/img165/5879/duiunder21le0.jpg

http://img165.imageshack.us/img165/199/duiaccidentwarningtomotez2.jpg

http://img165.imageshack.us/img165/7206/duicommercialwarningzo0.jpg

http://img165.imageshack.us/img165/83/duireceipttodriveje2.jpg

Indeed. Failing to participate in a roadside test warrants an immediate confiscation of your license.

yes, but without the guilty conviction charge! sure looks bad, but if your fucked and gonna get a DUI refusing is a hell of alot better than being a repeat offender..


you could argue the failed roadside soberity test by means of intimidation of the police. it might give you a leg to stand on if you could prove you failed from being nervous rather than intoxicated. but that'd only work if you just failed, not ridiculously failed....




i'm going to assume your in the under 18/21 group, because those seem to be the only people actually harrased for DUI and drugs. by any chance were you caught in possesion of anything at the time? [or anyone you were riding with?] if so, your fucked, just plead out. thats assuming your state has a law allowing you to plead for a sentence to avoid court, admitting the state has enough evidence for conviction without admitting doing any wrong. one step short of guilty.