Need Legal Advice

[WT901]

I am in an absolutely ridiculous situation. A police officer recently mindfucked me.

I was pulling out of starbucks after a LONG day around midnight and started driving home. After about 100 feet lights were behind me. (I had barely accelerated so I wasn't sure what I did wrong.) It turns out I got pulled for having my lights off (I live in a bright area, I didn't notice) and there was some sort of weird glint in my back tail light, although it works fine. The next thing I know, he tells me to get in the front seat of his car and starts testing me for marijuana use. I passed all the verbal tests. I had not used anything in the past 48 hours so I wasn't worried, but he was absolutely certain I was a pothead. My eyes were (allegedly) bloodshot, puffy, and when I closed my eyes my eyelids were "fluttering". (I took a picture of my eyes while in a cell at the magistrate's office, they were clear and white.)

I was put under arrest, administered a blood test, and taken to the magistrate where he gave me a court date and I walked. I'm being charged with consumption and then driving while being under 21 years old.

The only controlled substance I had taken in the past week was prescribed adderall, but I'm still freaking out. I've never been arrested. What is the best way to handle this? I have a friend who suggested when the drug test comes back negative, I go to the D.A. and explain what happened and try to get the charges dropped.

If anyone with knowledge of how to handle this (or a lawyer) could give me some advice, I'd definitely appreciate it.

 

[KitchinDeac]

Location?

 

[forensicdeac]

check your PM

 

[leftcoastdeac]

Personally, I'd lawyer up.

 

[CHillDeac]

I am in an absolutely ridiculous situation. A police officer recently mindfucked me.

I passed all the verbal tests. I had not used anything in the past 48 hours so I wasn't worried, but he was absolutely certain I was a pothead. My eyes were (allegedly) bloodshot, puffy, and when I closed my eyes my eyelids were "fluttering". (I took a picture of my eyes while in a cell at the magistrate's office, they were clear and white.)

So it had only been 48 hours since you last smoked? Curious to know if that would show up on a blood test?

 

[DeacdeTejas]

I'd get a lawyer. Sounds to me like a situation that a lawyer can either get you off with nothing to show for it, or worst case he gets it taken off your record and you do some community service

 

[DeacdeTejas]

I had a similar thing happen at Wake once.

Got late night cookout. Parked at cookout to eat (had large group in car). Turned off lights in parking lot. Got back on University without lights on. Pulled over 200 feet later. Asked to get out of car. Passed all verbal and physical alcohol tests. Dude then has everyone else get out of the car. Searches entire vehicle. Finds nothing but a bunch of extra ketchup and honey mustard packets.

Gives me a ticket for not driving with my lights on, tells me Im a lucky he didnt find anything and drives off.

 

[forensicdeac]

So it had only been 48 hours since you last smoked? Curious to know if that would show up on a blood test?

It really depends on two things:

1.) Chronic vs acute usage

2.) The sensitivity/limitations of the test. While the technology exists to see very minute amounts of drug in blood or urine, the question of "what do these trace amounts mean" has to be asked. That's where thresholds and cut-offs for particular tests are important and also why one cannot make broad definitive statements like "you can see marijuana up to a month in blood"

 

[HeavyPetter]

So it had only been 48 hours since you last smoked? Curious to know if that would show up on a blood test?

It will, unless it's basically the only weed he's smoked in the past month. Then it might clear the system.

 

[CHillDeac]

It really depends on two things:

1.) Chronic vs acute usage

2.) The sensitivity/limitations of the test. While the technology exists to see very minute amounts of drug in blood or urine, the question of "what do these trace amounts mean" has to be asked. That's where thresholds and cut-offs for particular tests are important and also why one cannot make broad definitive statements like "you can see marijuana up to a month in blood"

Do you happen to know what the cut-off would be for the court to come to a guilty verdict?

 

[RicoSuave]

Definitely hire a lawyer soon, because it'll likely take a few months for the blood test results to come back, but your state DMV might have an administrative drivers license suspension after a number of days if you don't appeal it (in Georgia, its 10 days to appeal, and suspension after 30 days).

Metabolites may well be detected in a blood test within 48 hours. Under GA law, the State has to prove that a controlled substance was in your system, and that it was in your system to such a degree to make you a less safe driver. Unfortunately, the appellate courts have watered down that requirement by allowing the State to introduce anecdotal evidence ("He was a less safe driver because his headlights were off because of the effects of marijuana!") rather than scientific evidence (a quantified measure from your blood test).

Good luck.

 

[gaybone]

If you need me to break you in, give me a jingle!

 

[WT901]

The test they took is only going to show substances that were in my body in their pure forms, not metabolites. (Blood isn't as great for that as other tests.) The test IS going to be negative. I don't do drugs, so I'm really not worried about that part. (@Taggers, Wake is a little bit more expensive than marijuana.)

What I'm saying is this is bullshit, I'm gonna get out of it somehow, but I want to know the quickest and most painfree way of doing so. Just because I'm being charged with consumption and then driving doesn't mean that I'm going to be guilty of it.

The PO said that the toxicology report should only take a week and thats because of mail. The court date is in mid March so I don't see the toxicology report taking longer than that.

THis happened in Guilford County, NC

 

[ellisat2]

if they get the tox lab back in a week, then please PM me the lab they're sending it to... takes MONTHS usually

 

[WT901]

if they get the tox lab back in a week, then please PM me the lab they're sending it to... takes MONTHS usually

Why would they schedule a court date in March if it takes so long?

 

[KitchinDeac]

Why would they schedule a court date in March if it takes so long?

Because when the officer gives you a citation, it just gets puts on his next court date. It will get continued (but you'll still have to appear or hire a lawyer to appear for you on that date).

 

[marquee moon]

I would start watching Oz.

 

[forensicdeac]

if they get the tox lab back in a week, then please PM me the lab they're sending it to... takes MONTHS usually

It all depends on the tests that they are performing. An alcohol test and simple drug screens can be done in a day (actual test time). Delays often occur on delivery of sample to lab, back log of cases (spot in the queue), and issuing the report. If they have to farm the test out to an outside lab then it naturally takes longer.

However, if a screen comes back positive and needs to be confirmed by a different method, then it takes longer. Confirmations and quantitations by gc-ms or lc-ms/ms take a little longer and cost more.

While everyone likes the lab work to be done fast, it is IMPERATVE that speed does not affect the quality of the work product.

 

[WT901]

It all depends on the tests that they are performing. An alcohol test and simple drug screens can be done in a day (actual test time). Delays often occur on delivery of sample to lab, back log of cases (spot in the queue), and issuing the report. If they have to farm the test out to an outside lab then it naturally takes longer.

However, if a screen comes back positive and needs to be confirmed by a different method, then it takes longer. Confirmations and quantitations by gc-ms or lc-ms/ms take a little longer and cost more.

While everyone likes the lab work to be done fast, it is IMPERATVE that speed does not affect the quality of the work product.

So are they going to know I had prescribed amphetamines in my system, and will that affect the speed? This is for a charge of essentially impaired driving, so I don't know if they would even test for it.

 

[fuheel]