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      02-20-2012, 06:04 PM   #67
48Laws
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Question

I'm not a marijuana advocate or drug advocate, for that matter but, throwing someone in jail for an herb Is so stupid. Cops should just confiscate it. That's punishment alone. As long as the drug isn't in portions for sale, relax. Geez.
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      02-20-2012, 06:09 PM   #68
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Maybe the experience would have benefited her,you're payin the price for her selfish,irresponsible behaviour.
benefitted her how? she's only 20 and aspiring for med school. if anything it wouldve ruined her chances for any promising or prestigious school. shes currently doing her undergrad at South Ivy league private school and kicking ass. No way i would have let her go down like that with so much at stake. I've been in trouble before and I know what its like. Hopefully me getting f%^&* for this will open her eyes, and maybe she'll see that soemone won't always be there to take the fall.

i think im gona go curl up into a ball and feel sorry for myself now. thanks.
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      02-20-2012, 06:09 PM   #69
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lmaao
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      02-20-2012, 06:48 PM   #70
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you may want to consider entering a drug treatment program...not that I think you need treatment...but that others (the court system, your emploer, future potential employers) think that you will...

if your career requires a professional license of some sort...you will treatment to maintain that license...

As Colin said...you were screwed the second they lit up the lights...but I would not have consented to search...
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      02-20-2012, 07:00 PM   #71
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Moral of the story: Don't smoke in your car, or let a woman drive.
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      02-20-2012, 08:30 PM   #72
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It happened, playing Monday morning QB will drive you crazy, and won't change a thing.
Now is the time for damage control
Hopefully it is only a couple of grams, Find the best lawyer in the area you can, money should be no object at this point. You might try contacting your local Norml.org advocate and ask for some recommendations.

I don't know how long it takes to get your court date in Texas but I highly advise you to stop smoking immediately and register for drug counseling and classes, do not miss a class or a session you need to do as much as possible to help your attorney get you off.

Now as far as your girl goes, if she ever said no to your perverted sexual desires now is the time to cash in and get the most out of this as possible
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      02-20-2012, 08:50 PM   #73
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I read this story and immediately thought of my friend who went through the exact same thing. Dumb girlfriend drove sporadically and got pulled over, unbeknownst to him, she had herbal essense in her glovebox and he took the blame for it because he couldn't bear to see her locked up. He served community service and is on probation for a year...oh and they broke up long ago because she really was trash.

Best of luck in your situation youngnastyman.
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      02-20-2012, 09:06 PM   #74
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Thanks for some good advice. It's funny that I was being such a baby lol. But the counseling part is really good idea. At this point anything to make this tip in my favor is in the cards. And I'm not gonna cheap out on the lawyer for sure. Also turns out I have a friend in Montgomery county who might know some judges. It's a small po-dunk county so anything is possible. F*** feeling sorry for myself now is the time to get on top of shit.
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      02-20-2012, 10:25 PM   #75
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Quote:
Originally Posted by CollinsE90 View Post
Moral of the story: Don't smoke in your car, or let a woman drive.
I wouldn't say that smoking in your car isn't such a problem as long as you can make whatever you have disappear before the cop makes it to your window. That said, a joint is one thing but it's hard to swallow a pipe. It's also smoking in public which isn't really smart anyway.
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      02-20-2012, 10:43 PM   #76
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Ozium "new car scent" spray eliminates MJ pretty well: autozone, advanced, or a head shop has it OP.
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      02-20-2012, 10:55 PM   #77
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For future reference, don't cave to threats of the dog next time. They'll threaten it all day long but very few cops actually want to sit there on the side of the road for 30 mins while they wait for the K9 unit to come, especially if it's just to do someone for weed. If the dog does show up, well, you were going to tell them where it was anyway.
This is horrible advice.
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      02-20-2012, 11:09 PM   #78
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This is horrible advice.
Please explain why? If the cop threatens to bring a dog unless you let him search you have two options:

1- Consent and he DEFINITELY searches you;
2- Do not consent and he MAYBE brings a dog, at which point the dog MAYBE finds something.

Which would you pick? You never agree to searches, even if you are clean. Never ever ever.
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      02-20-2012, 11:23 PM   #79
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I think he was talking about the part saying "they won't bother with a weed charge"

That depends on the state.
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      02-20-2012, 11:27 PM   #80
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The moment the girlfriend swerved three lanes of traffic was more than enough probable cause for her to be pulled over. On top of that, chances are if she was swerving three lanes of traffic, she was probably speeding, and probably not using her turn signal which will add up to reckless driving which is an criminal offense. The police officer could've taken her to jail as well if he wanted to and give her a criminal violation. The Texas Transportation Code defines reckless driving broadly as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” That could mean driving too fast for conditions, or significantly over the speed limit, or weaving in and out of traffic and running red lights. A criminal charge of reckless driving usually requires that you performed more than one action that endangered other people or property. The police can stop and arrest you on the spot if an officer sees you committing a criminal traffic violation. These cases usually do not involve witnesses or any physical evidence, other than the officer’s statement.

The police also had probable cause the moment he smelled the marijuana. He was going to search the car whether he wanted him to or not. If anybody gives a police officer a very hard time he will give that person a harder time. The main reason why he probably didn't give the girlfriend the ticket is because he was being cooperative.

If a police officer pulls you over, man up and listen to what he has to say because he pulled you over because you broke the law. When the police officer walks up to your door, he has all the power in the world to make your life hell.
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      02-20-2012, 11:38 PM   #81
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Quote:
Originally Posted by infinitekid2002 View Post
OP's next thread...how to make wine in jail.
Stuff you should know has a podcast that covers wine in jail...




Also, OP, maybe it's time to sit down and have a serious chat with the GF

If her and yourself are so worried about her future, she shouldn't have been smoking that stuff in the first place. That just shows lack of maturity on both your parts (sorry to say it) I've seen many friends go through similar shit with their (now) ex-girlfriends only to realize they were being dumbasses and the girl wasn't really right for them.

I'm not saying she's not a good girl or anything, but you took a major risk taking the fall for her. She can walk away from you with her hands clean of the situation, and you're stuck facing this problem for the next several years.

Do like others have said, and get yourself into treatment (and maybe encourage the girlfriend to do the same if she's serious about you and her carreer and paying you back for what you did for her) And offer up extra community service as payment for your doings. The more you have to offer the state/county, the more they will help you out.

I honestly wish you the best of luck with this situation, it really sucks! But leave the shit at home or stop altogether. You have your whole life ahead of you, and if you keep doing stupid shit, it isn't going to be a fun and fulfilling life.

(I used to partake when I was a teen, then I realized I was being thick and immature and wasting money that I could better use elsewhere to actually make me happy like cars, boats, and living life)
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      02-20-2012, 11:56 PM   #82
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Quote:
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OP's next thread...how to make wine in jail.
it's called Pruno and sucks real bad
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      02-21-2012, 12:03 AM   #83
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if only OP lived in canada :/
better off in califorinia or colorado from what I hear.

We are relaxed about it, Cali and CO have legalized (I think there are other states too)
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      02-21-2012, 12:56 AM   #84
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.
All true points and don't get me wrong, I don't disagree that OPs ship was sunk the moment they lit him up, nor am I saying that if OP had refused the search that it would have saved him. He had probable cause and more than he could get rid of so the officer held all of the cards there. I was being too general in my comments. In my state it would pay off to tell him to bring on the K9 because possession is a minimal offense and it isn't worth the officer's time to try that hard to stick someone with it. Our police are stretched thin and are needed at "real crime" so unless you are suspected of dealing or something like that they won't wait around. Texas has stricter laws so things are different there, however you still shouldn't consent to searches (provided that you don't have a long list of traffic violations to get slammed with like OP). If the officer gets upset that you don't want him to creep around in your car he can't do too much else except ticket you for the stop violation. If you make him mad and he searches you illegally then the case should be thrown out anyway. Conversely, driving like a lunatic with marijuana in the car gives him more leverage over the situation since he can jail you with or without it. In a case where you go through a road block with some or a minor stop, probability favors you not going to jail if you don't give consent.
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      02-21-2012, 02:10 AM   #85
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less than an ounce is an infraction and $100 fine. even then, it's up to the cop to go through the hassle.
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Originally Posted by The1 View Post
better off in califorinia or colorado from what I hear.

We are relaxed about it, Cali and CO have legalized (I think there are other states too)
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      02-21-2012, 02:57 AM   #86
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Originally Posted by infinitekid2002 View Post
A "vehicle search" is an exception to the warrant requirement. Carroll v. United States, 267 US. 132 (1925). So basically once they pulled him over for swerving and smelled drugs (aka probable cause to believe the car contained drugs)..he was effed. Cops will often ask to search so they don't have to prove probable cause, as consent is another exception to the warrant requirement and often people freely give it. But i agree, just say no.....................to searches. You're also right though when you said saying no to a search doesn't create probable cause.
A few points here. We always ask for several reasons. One: Develop more than one legal search theory. It's easier for prosecution. Two: The MV exception completely applies here and there was PC from the moment the weed was smelled. Three: As offenses are concerned, this is not a huge deal. I know nothing about texas law, but I'm guessing that they have far more serious matters to attend to. Four: Your lawyer friend will probably be very helpful in this situation regardless of county, Five: Stop being an idiot. This type of thing CAN submarine your future career depending on what field you want to be in or on the number of occurrences. You sound like you got the point, but not so much as you learned from your experience from when you were 17.
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      02-21-2012, 09:25 AM   #87
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funny how you say that you are serious and thinking of your career and stuff and that she is a nice girl who's going to be a doctor....and yet, you were doing drugs....and while driving!!!
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      02-21-2012, 09:52 AM   #88
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I feel sorry for you bro, something so small, but yet as you already know can and will have serious affects to your future. Worst part is your paying the toll for some dum bitch who can't even stash her shit. Anyway, as I read it you never concented to a search, you just opened the glove box infront of them, correct? They saw it and now had legal bounds to search. Also, if it was your chicks car, I don't see why they asking you, to let them search it. In Canada and I'm pretty sure in the states too, the need concent from the owner. Also, did you ever touch the bag at all? If you didn't this is a huge plus. Anyway I could go on for days about this shit, but still wont even be as close as a LAWYER. Now if you care about your future, chances are your friend isn't the best. Go find the highest payed criminal lawyer in that county and shower his ass with cash. Cause you screwed yourself and this is your only way out, and even then you still might get screwed. Anyway, goodluck.
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