chesticals
Active Member
Hey guys, hoping to get some advice on what my options are, any insight would be very helpful to me.
This takes place in BC CANADA
Heres the story:
Driving to my friends house at about 6 oclock to pick him up. I came around a corner going about 60-65kmhr, as soon as i came around the corner i see a police officer outside of his vehicle, hops in as soon as he sees me and starts following. i am 200m ahead of him, i was just about at my friends house so i pull into his driveway, pick him up, and start driving away. As i am getting down the street i see the same officer driving the opposite way he was driving before, he sees me, slams on the breaks and turns around, waiting to see which way i turn at the stop. I turn left, he follows for about 1 or 2km, then lights me up. I immediately pull to the side of the road. Now, i have a quarter ounce of weed in my armrest storage area, my friend has a half oz in his jacket. Officer approaches my window, mentions i was driving a bit fast around the corner, and says he smells pot. I deny any possession or consumption of marijuana. He goes back to his car with my license and registration, and returns. As soon as he comes up to the window the second time he says: okay, now i can really smell it, step out of the vehicle. I step out, he says "i am detaining you under the suspicion of possesion of marijuana." I say "what is your reasonable grounds for suspicion? you must have probable reason to believe i have committed a crime, and a smell, or a hunch, does not justify that." He says "yes it does, I have been doing this for 26 years, my nose is my reasonable grounds, i am going to search your vehicle." I say " I do not consent to a search of my vehicle, i am protected against unlawful search and seizure, under section 8 of the charter of rights and freedoms". He chuckles and says, ok now you are under arrest for the possession of marijuana, put your hands behind your back and face your vehicle". ( STILL HASNT SEARCHED OR SEEN OR FOUND ANY MARIJUANA) He puts me in cuffs, takes me back to his vehicle and calls another patrol. The other cop shows up, puts me in the back of his crown vic, and searches my friend and my car. Finds marijuana on both searches. Then both officers come to me, going off about me lying to them, i should have been honest etc etc. Then they say there's two ways this can go down; option one i take you downtown, fingerprint you, you spent the night in jail, and are charged with criminal possesion of marijuana. Option two, I give you a 24hour roadside suspension and take your license and your vehicle for 24hrs. I say, "I dont want any points on my drivers license and i dont want a criminal record either, i dont want to go to jail, but i have not smoked any marijuana today, so i dont beleive i should be getting a DUI." (I ACTUALLY HADN'T - LITERALLY JUST GOT OFF WORK) They say its not a dui its a 24hr suspension, the arresting officer taunts me with "well now i am starting to re think my offer blah blah blah". I didnt make a decision, they leave for 10 mins or so, and the secondary officer returns with a 24 hour prohibition from driving ticket/sheet thing. He explains they are towing my vehicle etc. The back of the ticket says "if you are giving this ticket because of drugs, you do not have the right of review by the superintendent of motor vehicles" something along those lines.
Not once was i giving a field sobriety test, or asked for a blood test. I WAS PURELY SOBER. Now because of this I can possibly lose my job, as i am required to maintain a clean drivers abstract. I work as a security alarm installer and need to renew my security license from the government each year, will this be affected?
Do i have any options for disputing or challenging this at all? Now i am out of a day of work, having to explain to my boss what has happened, and could possibly lose my job.
It was my understanding that an officer smelling marijuana was not reasonable grounds for suspicion, and does not allow him to search my vehicle. Also, the friend who i was with, who was also arrested before they saw or found any marijuana, also denied consent to a search of his person, and he was searched before any marijuana was seen or found.
My main question is, is there any way this can be revoked, or atleast taken off my driver history, and is there any action i can take that would be beneficial to me. I assume theres no chance i am getting reimbursed for the tow, and the fees for a day of impoundment.
My friend was not charged or givin a ticket of any sort.
Thank you!!
This takes place in BC CANADA
Heres the story:
Driving to my friends house at about 6 oclock to pick him up. I came around a corner going about 60-65kmhr, as soon as i came around the corner i see a police officer outside of his vehicle, hops in as soon as he sees me and starts following. i am 200m ahead of him, i was just about at my friends house so i pull into his driveway, pick him up, and start driving away. As i am getting down the street i see the same officer driving the opposite way he was driving before, he sees me, slams on the breaks and turns around, waiting to see which way i turn at the stop. I turn left, he follows for about 1 or 2km, then lights me up. I immediately pull to the side of the road. Now, i have a quarter ounce of weed in my armrest storage area, my friend has a half oz in his jacket. Officer approaches my window, mentions i was driving a bit fast around the corner, and says he smells pot. I deny any possession or consumption of marijuana. He goes back to his car with my license and registration, and returns. As soon as he comes up to the window the second time he says: okay, now i can really smell it, step out of the vehicle. I step out, he says "i am detaining you under the suspicion of possesion of marijuana." I say "what is your reasonable grounds for suspicion? you must have probable reason to believe i have committed a crime, and a smell, or a hunch, does not justify that." He says "yes it does, I have been doing this for 26 years, my nose is my reasonable grounds, i am going to search your vehicle." I say " I do not consent to a search of my vehicle, i am protected against unlawful search and seizure, under section 8 of the charter of rights and freedoms". He chuckles and says, ok now you are under arrest for the possession of marijuana, put your hands behind your back and face your vehicle". ( STILL HASNT SEARCHED OR SEEN OR FOUND ANY MARIJUANA) He puts me in cuffs, takes me back to his vehicle and calls another patrol. The other cop shows up, puts me in the back of his crown vic, and searches my friend and my car. Finds marijuana on both searches. Then both officers come to me, going off about me lying to them, i should have been honest etc etc. Then they say there's two ways this can go down; option one i take you downtown, fingerprint you, you spent the night in jail, and are charged with criminal possesion of marijuana. Option two, I give you a 24hour roadside suspension and take your license and your vehicle for 24hrs. I say, "I dont want any points on my drivers license and i dont want a criminal record either, i dont want to go to jail, but i have not smoked any marijuana today, so i dont beleive i should be getting a DUI." (I ACTUALLY HADN'T - LITERALLY JUST GOT OFF WORK) They say its not a dui its a 24hr suspension, the arresting officer taunts me with "well now i am starting to re think my offer blah blah blah". I didnt make a decision, they leave for 10 mins or so, and the secondary officer returns with a 24 hour prohibition from driving ticket/sheet thing. He explains they are towing my vehicle etc. The back of the ticket says "if you are giving this ticket because of drugs, you do not have the right of review by the superintendent of motor vehicles" something along those lines.
Not once was i giving a field sobriety test, or asked for a blood test. I WAS PURELY SOBER. Now because of this I can possibly lose my job, as i am required to maintain a clean drivers abstract. I work as a security alarm installer and need to renew my security license from the government each year, will this be affected?
Do i have any options for disputing or challenging this at all? Now i am out of a day of work, having to explain to my boss what has happened, and could possibly lose my job.
It was my understanding that an officer smelling marijuana was not reasonable grounds for suspicion, and does not allow him to search my vehicle. Also, the friend who i was with, who was also arrested before they saw or found any marijuana, also denied consent to a search of his person, and he was searched before any marijuana was seen or found.
My main question is, is there any way this can be revoked, or atleast taken off my driver history, and is there any action i can take that would be beneficial to me. I assume theres no chance i am getting reimbursed for the tow, and the fees for a day of impoundment.
My friend was not charged or givin a ticket of any sort.
Thank you!!
