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Got busted, but could it be thrown out?
Posted: Thu Aug 25, 2011 11:22 pm
by Mabakhurts123
So I was driving home the other night, and a cop coming from the opposite direction pulled me over for my license plate lights being out. Asked for my license and proof of insurance and went and checked it on his computer. He then told me that my car smelled like weed and proceeded to ask me if i had been smoking, to which I replied no, because i didnt smoke all that day. he then asked me if there was anything in the car, to which I replied no. He told me not to lie to him because he said he "already called the dogs", so I gave in and told him where everything was. I had a bong, a grinder, papers, and about 1.5-2 g's on me. they proceeded to search my car, while i was taken to the police station in his cruiser. On the ticket he gave me he checked off that I had no front plate (which I had one), but i did not notice it until the next day. I then got my car out of impound after spending $150 to take it out, and it had a front plate on it. Could this cause my case to be thrown out?
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 12:23 am
by SpRi7e
Sorry man to break the news, but it won't be thrown out. You just have to plead not guilty to that not being right. You full on confessed to what you had, and had a fully viable reason to pull you over since your lights were out.
On a side note, you probably shouldn't have believed him when he said he called the dogs already. Even if he did, let them search the car and make it a hassle to find your stuff. They'll probably say something like, just admit it and it'll make everything easier (yeah, :/ for him anyways) Did they come at all during the time of you being arrested? If not, he probably bullshitted about it to make you confess. Maybe the ticket said that you had no front plate because you didn't have the lights and he was getting you for that too which probably doesn't have it's own section.
I hope everything works out though, maybe a little probation and community service at the most and not too big of fines. I guess it'll teach you a little lesson the very hard way (to not carry around paraphernalia/drugs when you aren't using them). Again, sorry to hear that happened though
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 12:27 am
by Mabakhurts123
No, the dogs never came while i was there, and on the ticket, there is a spot to check off for license plate lights, but he checked off on no front plate.
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 1:32 am
by SpRi7e
I would definitely bring that up in court as they might add that as an extra charge a little higher than what you have. Just try to be as respectful as possible, and not make a huge hassle about it if they decide to lower your charges with everything. You got to remember, the weed and paraphernalia is more important to deal with.. possibly even try getting a lawyer to see what all he can do about it (even though it may end up costing the same in the long run that way)
What country/state do you live in anyways, as if it is a very minor punishment for weed I would try to get everything settled that you didn't actually have.
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 2:43 am
by zERo~Chronic
You will never beat the system fighting over little technicalities like that, it is really pointless to try. On a side note, i don't really understand how that is relevant? Did the cop give you a traffic ticket? If so you can fight that all day but you're probably better off just paying it. Is it actually included in your arrest report? If so then...yeah i'm back to not getting what that would have to do with anything.
To your real problem...you got caught with weed and weed accessories, and that is all they really care about. If i was you i'd try to talk the DA(assistant DA) into dropping the paraphernalia charge and just get ready for your life on probation. In the future, don't let them search your car, if they really want to call a dog unit out there let them, you have time, you're only waiting to go to jail.
I know how it is man, and it aint cool. Good luck
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 2:47 am
by Mabakhurts123
I live in Ohio, and the paraphernalia charge is te only one im really worried about. its my first offense, so im hoping that i will just get probation and my license suspended for 6 months - a year
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 2:50 am
by Mabakhurts123
And its not like i drive around with stuff in my car all the time. i was on my way back to my house from my friends where my stuff was at. wrong place, wrong time, right? ehhh
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 2:52 am
by zERo~Chronic
Mabakhurts123 wrote:I live in Ohio, and the paraphernalia charge is te only one im really worried about. its my first offense, so im hoping that i will just get probation and my license suspended for 6 months - a year
ummm....is there not a 2nd degree possession on there too?
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 2:57 am
by Mabakhurts123
I only had a maximum of 2 grams on me, thats a minor misdemeanor in Ohio
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 3:00 am
by zERo~Chronic
more minor than paraphernalia? strange
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 3:03 am
by Mabakhurts123
yeah, its ridiculous, the charges for paraphernalia is outrageous compared to possession charges here.
the posession charge will only be a maximum of $150, where as the paraphernalia charges can be up to $750 each
http://norml.org/index.cfm?Group_ID=4557
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 3:17 am
by zERo~Chronic
life makes me sad some times...
Re: Got busted, but could it be thrown out?
Posted: Fri Aug 26, 2011 4:13 am
by Mabakhurts123
plus it says on their website that first time offenders are offered conditional release.. so maybe it wont be so bad :\
Re: Got busted, but could it be thrown out?
Posted: Sun Aug 28, 2011 10:40 am
by WeedGuru_Flow
You do realize that you were not obliged to confess to anything?
You should have simply said no, he needs a warrant to actually search your vehicle which he probably didn't have.
Re: Got busted, but could it be thrown out?
Posted: Sun Aug 28, 2011 4:28 pm
by zERo~Chronic
WeedGuru_Flow wrote:You do realize that you were not obliged to confess to anything?
You should have simply said no, he needs a warrant to actually search your vehicle which he probably didn't have.
No, he needs this thing they call "probable cause". Which clever cops can turn any little bullshit into