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[newbies] can we get arrested for being 'high' ?

eeexxxx

Greenlighter
Joined
Nov 23, 2009
Messages
8
hi All,
im new here and had bad/unlucky experience with the police : caught with 1 pill of E on my pocket while raving at club. i got charged possession of drug, and need to go to court.
i read alot of threads in this forum, seems like i will be "ok" at the court *finger cross* (clean crim record, and only posses 1 pill). most likely i wont get convicted.
BUT i guess i will need to write an essay on E.

so now, i have 2 questions:
1. anyone has sample of E essay ? (not the pro side :)
2. actually, just for my curiosity, in NSW state, can i get arrested while under influence of E ? (not posses, but did take E). Im sure police knows what are the signs when people using E, so when they raid the club, and i still "high", can i keep dancing/shuffling without fear i will get caught ?(in a condition that im not possessing any drugs). or i should stop and pretend to be sober?
what the most police can do ? take me out and search me ? but if they find nothing, will they let me go ?

thanks alot for answering those.....
-newbies-
 
lol... you're going to be prescribed an essay as well?

are you an international student? just the way this is written and the academic-style approach you are taking to the matter that makes me wonder :)

and I don't think you'll find any sample essays, somehow. it's an offence to be intoxicated in a public or licensed space, yes, but if you aren't barking up the wrong tree, they should have no reason to approach you specifically.

better to conceal your goodies next time methinks. surprised you didn't get a use charge as well as a possession charge - the two normally go hand in hand
 
Bluelight is not a good place to get solid legal advice, but AS FAR AS I AM AWARE, it is NOT illegal to be under the influence of drugs PROVIDED you are not doing any harm. It is just as illegal as being drunk is.

Have they actually requested you write an essay yet? Or is this just a preemptive move?
 
wow thanks for for flash replies, guys!
@hyroller: no im not student but im not native aus bloke aswell :) i was already 80% sober at that time but dunno why the cop came to me :( and couldnt do much since he did full search on me. its ok i'll try to write some essay from scratch....

@chemi: so the key is "not doing any harm".. i think i understand now.. how unlucky i was...
yes, i decided to get as much support as possible so the judge will be soft on me...
what else i can do/ say, if you know any1 had the same experience in the past?
 
Last edited:
what else i can do/say?

I wouldn't be saying OR doing anything until you speak to your attorney.

As someone a few posts up said, no one on BL can offer you real legal advice.

But I would think if you only got caught with 1 pill on you & you have a clean record you should get away fairly lightly.

They may even just send you to a couple of counseling sessions and put you on a good behavior bond... if that.

Good luck :)
 
that would just end up in deportation wouldn't it? i've heard that international students can get thrown out the country for just a bud.....
I can't answer for all cases but two international students of mine got caught with an ounce of prime buds (28g or something?), they got a written warning - that was it. No fine or anything.
 
lol another one with an essay as punishment.

(well, you dont know yet, have you got the same judge as the other guy that did?)
 
From what I gather you have searched bluelight and found a recent news artical where a judge ordered the defenant to write a report of the ills of exstacy and we were all argueing about it.

That was only one judge doing that, chances are you wont have to write a report. Youl be in, plead guilty, the judge will take into account its your first offence, that you have a job and it was only one pill and give you a big fine and some other shit and youl leave soon after.

But id get real legal advice anyway
 
@staticmind: yeah i saw that .. also a hilarious articles about judge gave "F" for E "pro" essay from teenage boy..

i just want to do everything i can so i wont get crim.record.. fine,counseling (well im not addicted at all - i dont do other drugs ever) essay, character references, anything i dont mind, just not a crim record...

so maybe not a legal advise im asking here, but "past experiences" that might help me :)

cheers~
eee
 
go to legalaid.nsw.gov.au and call them up.

Free Legal Advice

To get telephone advice or information, call the LawAccess NSW legal help line on 1300 888 529 (cost of a local call from within NSW).

If you then still need face-to-face legal advice, call your closest Legal Aid office and make an appointment to see a lawyer. Legal advice is not means tested and you do not need to apply for a grant of legal aid to get free legal advice.

Advice is usually limited to about 20 minutes.

Family law advice is available without an appointment at our head office in Sydney. Parramatta office has clinic days for family law advice on Monday, Wednesday and Friday between 9.30am - 12.30pm and 2pm - 4pm.

To make an appointment on other matters or at another location, call your nearest Legal Aid office.

If you need more than legal advice, we may provide a lawyer to help with your case.
 
Wow, I see threads like this and I'm glad that I live in Queensland..

I think we might be the only state where self administration is legal, although admitting it in a formal interview may not be helpful..

I completely forgot that you could be charged for it..

But back on topic, let us know how it pans out
 
what is self administration ?? equal to personal use ?? not here in NSW i guess... :(
yeah i will... but court date is still few more weeks ahead
 
Self administration means actually taking the drugs, not being in possession of them. While self administration in itself may not be technically legal in Qld (not sure if this is true, just going by what was said above), you'd have to be in possession of the drugs in the first place to administer them :P
 
Would it be correct to assume, other than if you're driving a car, that to be charged with use DOD then you would have to admit to administration of said drug. Considering we're not in one of the SE Asian countries that will piss test you in a club, you can't be forced to give a sample to prove their theory in Australia!!
 
I would agree lil - I don't believe that having dilated pupils, involuntary jaw movements and jumping around like an idiot having fun could possibly be grounds to drug test someone, and definitely not enough to prove that they are high in a court of law.
 
(2) Subject to subsection (3) and to section 36A of the Poisons Act 1964, a person who has in his possession or uses a prohibited drug commits a simple offence, except when, in the case of a person who has the prohibited drug in his possession —

(a) he is authorised by or under this Act or by or under the Poisons Act 1964 or the Industrial Hemp Act 2004 to do so and does so in accordance with that authority; or
(b) the prohibited drug was sold or supplied, or requested to be sold or supplied, to him —
(i) by a medical practitioner, nurse practitioner or veterinary surgeon in the lawful practice of his profession; or
(ii) on and in accordance with an authorised prescription.
This is from section 6 of the WA Misuse of Drugs Act. So in WA, using a prohibited drug is very much illegal and is treated the same as simple possession. The maximum penalty is 2 years imprisonment, $2000 fine or both.
 
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