DUI Marijuana charge?

Posted by on . 6 comments.

Ok first of all I was not under the influence when I got pulled over and had 0.00 alcohol in my system. Due top a technicality my lawyer found I am gonna have the charge completely wiped from my record. I am curious as to if I can sue the cop for a illegal search and seizure. When he pulled me over he opened the wood said something about my tags then asked if I was smoking pot. Told him I did 4 hours ago 1 hour before I got in the car. He told me Can I please search your vehicle because I am going to anyways. I was wondering if I can sue him cause all my friend a few law people I know told me that is a illegal search and seizure because of how he worded the question. I even passed the sobriety test all of them and then he told me I was going to jail because my eyes looked messed up. I really want to know if I have a case I feel the whole pullover was a joke and it shouldn't cause me money cause some cop was a dick. AKA my license plate tags were fine that's why my lawyer said the whole case will get thrown out I just wanna know if I can press charges against the cop...I rather him pay for my lawyer than me.


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  1. Tom says:
    July 31, 2010 at 1:46 pm

    You can compare how the insurance quotes would change, for example here – autoinsurance.maclenet.com

  2. Millions of Peaches says:
    July 31, 2010 at 1:46 pm

    Make them prove you smoked it

  3. American Pigs are shameful says:
    July 31, 2010 at 1:46 pm

    You NEED to press charges against the cop, He/She VIOLATED YOUR CIVIL RIGHTS!!!!!!!!

  4. Bill Hicks says:
    July 31, 2010 at 1:46 pm

    It would be your word against his as far as ‘how he worded it’ and who do you think the judge will side with on that one… if he asked to search your car and you said no, then yes you have a case… if you allowed him to search, no matter how he worded it… then you don’t have a case. I’m not sure about the rules if your on probation or parole, but I know for fact if your on nether then you can simply say ‘I do not consent to illegal searchs’ and he would then have to obtain a warrant for a search (which isn’t likely).

    edit* dont’ let cops scare you into doing what they want, they work for us, not the other way around.

  5. cDaMan says:
    July 31, 2010 at 1:46 pm

    if you told him not to search your veichal and he did, then yes, but if he asked you if he can search it and you said ok, then i don’t think so.

  6. q S says:
    July 31, 2010 at 1:46 pm

    In my state you can get a permit to smoke marijuana. However, it is still considered a DUI to be under the influence of any drug like alcohol or marijuana (even medicine a doctor prescribed) while driving a car or possessing a weapon.

    The officer has a burden of proof in court to prove that you were impaired "to the slightest degree".

    There currently isn’t a breath screening device (your reference to 0.00) that detects marijuana. We used to use urine tests but we now use blood tests to prove the presence of marijuana for court. Best case scenario is to have a drug recognition expert (DRE) determine if you are impaired. the DRE will have you blow in a PBT and won’t do the drug impairment if you are also alcohol impaired.

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