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Speeding ticket turns into a DUI

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jno88

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My husband and I get pulled over for speeding along an old highway we arent used to taveling. We were on our way back from spending the day with some friends a few hours away. It was late, already dark and we both had to work the next day. There hadnt been a speed limit sign in sight for a while but we assumed 75 should have been about right because thats what the average highway is, right? Well, it was 65mph.

We get pulled over and the cop immediately seems 'pushy', like a bully. Now most of the things my husband got into trouble for that night were legit, (with the exception of one, in MY opinion, hence my post) so my pointing out the officers "attitude" is in no way biased. I dont "hate cops".. My maternal grandfather was a police officer and my paternal grandfather was a judge. I LOVE our men in blue! Plus, my husband WAS speeding, albeit unbeknownst to him. But this guy just seemed to have it out for my husband. We apologized for speeding, we didnt realize we were going over the limit and we just wanted to get home (we were 20 minutes away!!). This wasnt enough..

The officer said my husband kept looking away like he was hiding something, all the while shining a bright flashlight directly into his face. He called for a k9 because he had "a feeling". Here's the juicy part: my husband had a little baggie of marijuana in the backseat, along with a glass pipe AND he had smoked it earlier that morning (it was by this time almost midnight!). My husband gets arrested and taken straight to a hospital for a urine test and of course comes up positive. Hes charged with speeding, possesion (he had about a qtr of an eighth in that bag), paraphernalia and- this is the part where Im a little iffy- a DUI (of a controlled substance) because his urine tested positive for marijuana. We live in ND and ive read that according to our laws here, ANY amount of ANY illegal drug present in a person's system can be proof enough of impairment, unlike alcohol where you have to test above a certain blood content percentage. :((

I bailed him out at $900 later that night/early morning. That was about a month ago and his court date is coming up this week. Im worried he will have to do time and that the DUI will stick (Im praying we can get it knocked down to reckless driving, at least). Is there ANYONE who has gotten into and out of something like this?!? :,( We cant afford a lawyer, so Im hoping the court appointed attourney will still have the same drive to help us clear his name as much as possible as a paid attourney would. Is this wishful thinking?

We were told by a very sympathetic (almost apologetic?) and hopeful bond officer that he will at least get two days of jail time as a given for the DUI (if i remember correctly) but she also said that ND is so close to passing more relaxed sentencing for possesion of marijuana charges so we might have better luck on the other two charges. Are we right to be hopeful?!
 
We don't really do legal discussion around here anymore, and there's a good chance this thread'll be closed because of that.

I'm really interested in hearing how this plays out, though, so I hope the moderators let this one go....




The situation your family finds itself in, jno, is one of the main ways I've seen people get fucked over in legal/decriminalized states.

I've never been hit for a DUI before, but I had a buddy that was in the same situation as your husband a while back. Got pulled over in a decriminalized state, cop smelled marijuana because there was definitely marijuana present, my friend showed him the tree and the pack of dutches in his glove compartment and it was an instant dui.


He didn't fight it, though, he pled guilty to possession over 10g and his lawyer got the DUI nolle prosequi'd. Maybe that's an option for your husband?



In the future, though, the trick to riding around with marijuana and paraphernalia is to keep that shit locked away in your trunk. Preferably in a zip-up bag, suitcase, bookbag, purse.... anything that's kind of a pain to open so that there's no doubt the drugs/medicine was in the trunk the whole time you've been in the car, and not stashed there the second you saw police lights behind you.
 
We don't really do legal discussion around here anymore, and there's a good chance this thread'll be closed because of that.

this is true. sorry for your troubles, jno88, but BL is not the best place for specific legal advice. if the officer did not administer a standard field sobriety test prior to taking urine, be sure to mention that to your legal rep.
 
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