Marijuana DUI in California

one2threeBUDS4

Well-Known Member
Ok, so I'm sure a few of you have seen my posts. If anyone can help me with information about this story I would really appreciate it.

Thusday, September 3rd, 2009;

I want to start this with what I was doing prior to arrest: I have a 1 year old daughter that I watch (under supervision by my mother, required by courts) every thursday and Sunday from 530-930pm. Before this I was at my house until about 430pm. The last time I had smoked was between 330-4pm.

After leaving my mothers house at approx. 945pm I drove to my house to make sure everything was running smoothly in my grow rooms(since lights come on at 10pm). When I got to the house room number 1 was running perfectly while room number 2 was having problems; the nugs were starting to get too big for some branches to support. So, I propped each branch up and hooked some with fishing string so it wouldn't fall over. During this process my clothes and arms got all sticky and very very stinky.

Well, I didn't have much time because I told my friend I would come Hang out at his pad at 1030. So, as soon as I finished with my rooms I left to my friends house(hadn't smoked since 330-4pm).

I left, 5 minutes from my house I hit a left turn at a corner and what do you know! There is a DUI checkpoint on a thursday night!! Well, at this point I'm not worried about DUI but I was worried that I had my license revoked for not paying tickets. As soon as I got to the officer at the checkpoint he asked for my license. I didn't have it and I told him that. He asked if I had been drinking and I told him no, he then leaned into my window and says I smell marijuana have u been smoking. Again, I responded no. He smelled the herb that I had been touching (my plants) and asked if I was a medicinal user, I said yes and he asked me to get out of the car. After about 45 minutes of tests and me being very cooperative, they searched my car. They found nothing.

I did all the tests and was very cooperative and even let them take my blood.

After that, I was charged with DUI and sent to county jail.

If anyone has info that may help me fight this in court please don't hesitate to speak up. I am looking for more info before I decide to fight this case because I am worried that I will spend a bunch of money for lawyers and lose.

Everything here is 100% true. This happened in Fresno county, California.
 

droch123

Active Member
idk bro that sucks im legal to i would bring all my info and explain that you medicated earlier in the day ask a lawyer brother good luck
 

heathaa

Well-Known Member
that same shit happened to me. not exactly but i was sober and got a dui cuz it was on my clothes i live in florida and i lost my license for 2 years. didnt have money for a lawyer. the problem with fighting it unless you pay someone off is that marijuana is in your system for 30 days so they use the fact that you have dirty urine in court and thats grounds for a dui. i dont know if i had money for a lawyer i could have fought and won but i didnt and this is florida so i dont know about cali its probably more relaxed and if your medicinal user it should be thrown out in court with a good lawyer
 

maurice*del*taco

Active Member
damn man the only thing i can say was your problem was being in a rush.... take your time think shit over man, theres not much we can do .. basicly get a really good fucking lawyer and fight this shit til the death sorry maybe someone eles can have a better opinion
 

pabloesqobar

Well-Known Member
That sucks, particularly when it doesn't appear that you were impaired. I just did a simple Google search and found this site:

http://www.sandiegodrunkdrivingattorney.net/2008/04/californias-marijuana-laws-driving-with.html

Towards the bottom:

Driving under the influence: It is unlawful to drive while under the influence of marijuana (or alcohol or any other drug) by Vehicle Code 23152. "Under the influence" is not specifically defined in the statute, but is interpreted to imply some degree of impairment. Therefore the mere fact of having taken a toke of marijuana does not necessarily mean one is DUI. For evidence of impairment, officers may administer a field sobriety test. Arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612. Since marijuana is detectable for much longer periods in urine than in blood (several days vs. several hours), a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test. If you haven't smoked marijuana recently and are not under the influence, you are better off to choose a blood test, since you will probably pass it. However, if you are a chronic smoker or have smoked recently, you are better off to choose a urine test; even though you can expect to test positive, the question will at least remain open as to whether you were actually "under the influence" at time of arrest.

With the facts you alleged, I would get an attorney. Best of luck to you.
 
Top