DUI Question

Discussion in 'Legal Issues' started by Currens, Oct 26, 2008.

  1. Currens

    Currens New Member

    Hey fellow tokers,

    As I was driving into the big city tonight to my university residence house, I was pulled in by 2 separate police cars at the same time. They came up to the vehicle and shined their lights in through the windows of the vehicle and told me that I had been reported for crossing over the white line (divider between passing and non-passing lane) and asked if I had been drinking that night. The dude who reported me probably thought I was drunk. I told them that I had not been drinking tonight and that they were probably looking for someone else. They never said much else, told me to have a good night and let me get back on the road.

    Question

    I was nervous when the police had flashed the lights on me because I had smoked weed the night before in the van and it was reaking of skunk :) I thought they were going to question the smell of weed, and perhaps ask me about it. (They never did though). Am just wondering if the smell of weed is enough for them to suspect DUI via weed even though I showed no evidence of having smoked weed tonight? If they had questioned me about it, and asked me to do a drug test of some sort, would the marijuana in my body show up in the sample and qualify me for DUI even though I am perfectly sober. (I only smoked a J or 2)

    Also, what are the procedures for testing soberity regarding marijuana in Canada?

    Looking forward to hearing responses,
    Currens
  2. Neko150

    Neko150 New Member

    All the cops need is "Probable Cause" - which in your case, would've been the smell of skunk. Not having any visible weed or paraphernalia wouldn't have saved you. Heck, if they'd seen you swerving or crossing the white line, even that might've qualified as probable cause.

    Cops can usually legally justify any action they take. Don't give them a reason to pull you over in the first place.
  3. MWbuddyMW

    MWbuddyMW New Member

    Whatever this guy said, forget.

    i got pulled over for a tail light that was out, hot boxed in my car the night before so it obviously smelt like weed.
    The officer smelt it almost instantly. He asked me about it, i told him the last time i smoked in my car was last night. Then he asked me if there was anything in the car illegal, i said not to my knowledge. He made me do a sobriety test, much like the one they give you for possible drinking and driving.

    Because i passed with flying colors and my eyes were fine, he presumed i was telling the truth. I gave him permission to search my car, and he let me go after not finding anything.

    Look at it this way, if you poor beer all over your seats, get pulled over and your sober, the cop will smell the beer and make u do a sobriety test. He cant give a DUI because your car smells like beer (or weed)

    The only thing (in reality) "Probable Cause" lets an officer do is search your car.
    DONT GET ME WRONG, YES Probable Cause means he CAN arrest you, but they WONT just because it smells like weed.
    Why? Proof.
    Cause unless you openly admit it was you smoking in there the night before, (yes i did say i was smoking the night before when i got pulled over, but i NEVER said WHAT i was smoking in there the night before ;)) they got nothing and know you will fight it and get away with it. And if you fight it, they have to show up in your court and give there side of the story, wasting there time.

    Did you know when u get a speeding ticket for going lets say 5 over, they can legally arrest you?
    but anyone in here ever been haled to jail for JUST speeding 5 or 10, even 15 miles over the speed limit?
    No, that's what i thought.

    Before you are even pulled over for suspected drunk-driving, the police officer has to have a reason to stop you. This is what is known as probable cause.

    The officer must have sufficient evidence, through the use of field sobriety tests and questioning in order to have detained/ticketed you.
    2 people like this.
  4. commonsense

    commonsense New Member

    The best way to avoid getting a DUI for weed and to avoid getting busted for possession, is not to smoke in your car. I'm a lawyer. I've handled tons of pot cases and have seen an awful lot come through the court. Most of the time it seems when people get busted for possession, it's because they were smoking it in their cars. They'll get pulled over for something and police will see it in plain view or smell it and conduct a search. They bust people left and right this way. And if they smell it and your eyes are red and you seem buzzed, they'll run you through some field sobriety tests, have you pee in a cup and may very well charge you with DUI or DWI, whatever it's called in your state or province. Canada now has "Drug Recognition Experts," which are just police officers who have been trained to do some extra field sobriety tests to determine of someone is under the influence of drugs. Usually they'll test you for alcohol first, and then for drugs. If you smell like weed, odds are they're going to say you were under the influence of and in fact impaired by marijuana. If the lab results show THC metabolites in your system, odds are a judge would convict you, whether you were that messed up or not. The officers know what to say on the stand to win a conviction, and most judges don't like pot smokers.

    Just don't smoke in your car. Do it on the back porch, in the garage, wherever. Leave it at home if possible. If you must carry it with you, leave the three foot bong at home. Don't carry a pipe if possible and carry as little weed as possible, preferably tucked in your underwear if you don't wear boxers. They'll feel a pipe if they pat you down, but probably not a very small amount of weed. Above all don't smoke it in you car because that is the #1 thing that gets people busted. It should go without saying that you don't need to be doing things like not paying traffic tickets so you get warrants out for your arrest, or hanging around with trouble making thugs, or acting like an idiot attracting police attention. If you get yourself arrested when you're carrying pot they're going to get you for the pot too. Don't be an idiot and don't smoke weed in your car and odds are you'll grow to be old and grey without ever getting busted with weed.
    2 people like this.
  5. Neko150

    Neko150 New Member

    If you'd taken the time to read my post thoroughly, you'd have known that this is what I was suggesting. Probable cause gives the officer the right to search your vehicle, and at that time if he were to find any paraphernalia, you could've been cited.

    Currens: Don't give LEOs any reason to search. Don't smoke in your vehicle, it's a recipe for disaster.
    6 people like this.
  6. MWbuddyMW

    MWbuddyMW New Member

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