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Patient Busted At Extravaganja


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I was busted for driving under the influence of narcotics while leaving the event and spent over 12 hours in the Lapeer County jail. I had absolutely nothing on me but I had my Genesee County Compassion Club shirt on and it seemed like as soon as he saw that he was determined to get me for something. I showed the officer my card but he didn't seem too interested. This experience makes me less enthusiastic about attending future events. LEO knows what's going on in their town... this almost feels to me like the Marijuana equivalent of a cop that sits outside of the bar at closing time...

 

Anyway... court date is in a few months and I have a solid lawyer. I'm not too worried about it but it's definitely a pain and will end up costing me a few bucks. I'll keep you posted.

harrassment like this is why I CHOOSE to not participate in events like this....in a small town that does not even properly know the law. Truly Amazing. They just want to get him in court and try and negotiate a conviction and have him pay fines it is the racketeer JUDICIAL SYSTEM.

 

At any rate so glad it was not me. GOod luck brother. !

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Just curious,what was the excuse for them to pull you over? Did they see you coming out of the fairgrounds or was it a real "reason"?? MW

 

Funny thing is I wasn't even driving. It was about 8:00am Sunday morning and I was pulled over checking out an Imlay City barber shop when I saw the cop coming. He drove past me and then flipped around, pulled up behind me, and so on and so forth.

 

I guess he could have thought I was "up to something" and just wanted to see why I was hanging out by the barber shop (I'm a barber myself) and when he saw my shirt he decided to be a dick.

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The Supreme Court just passes something stating that it is legal for a person to drive with marijuana metabolites in their system, regardless of their status as a mmj patient. This means that even if this guy didn't have a cad and had a dirty blood test, he was still legal to be driving. The reason is because the presence of these metabolites in the blood is not an indicator of impaired driving because the metabolites can remain in the blood for weeks after smoking/ingesting marijuana. As for proving somebody was driving around impaired on mj...that's next to impossible to do especially if LEO found no product on the person. Most people who smoke pot can still pass a field sobriety test and there are countless ways to explain away red eyes. This guy's lawyer is gonna have a field day with Lapeer Co. in this case.

Well that's interesting and I have heard that..Just kinda thinking that LEO doesn't care what the law says about anything lol

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Funny thing is I wasn't even driving. It was about 8:00am Sunday morning and I was pulled over checking out an Imlay City barber shop when I saw the cop coming. He drove past me and then flipped around, pulled up behind me, and so on and so forth.

 

I guess he could have thought I was "up to something" and just wanted to see why I was hanging out by the barber shop (I'm a barber myself) and when he saw my shirt he decided to be a dick.

 

 

you were not driving?

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Guest Marywanna

We live in this area and have for 25 years. It may not look that small,but Imlay City is a small town. Where the fairgrounds is isn't even the town. I can see why a Imlay City cop would take a second look at 8am on Sunday morning. Imlay City is home to many immigrants of Mexico because of the orchards out here need pickers,and the Vlasic Pickle Plant provides jobs for them. Same with Romeo and Almont. This is why they are so uptight. Don't even THINK of driving thru Romeo or Almont at night with a burned out headlight,because they will pull you over for sure. Not sticking up for LEO,but that is why I think they turned around to check you out. People are different out here,and are much more paranoid of city people. I couldn't even believe it when I heard the event would be at the Fairgrounds. If you look like a brown person,I can almost be sure thats why he turned around. To tell you the truth,that IS unusual for someone to be checking out a barbershop at 8am on Sunday morning. You probably disturbed his trip to Tim Hortons for doughnuts. <_< MW

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Parked, keys in the ignition? By law in control of a motor vehicle. Just hoping they can pressure you into a plea deal as they know the cost of lawyers is staggering to many and with a court appointed you get what you pay for. With a pocketful of money you can readily beat this.

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Yeah I know I was legally in control of the vehicle but as Phil said a few posts up in this instance it really shouldn't matter for a number of reasons. I hadn't used marijuana at all since the night before and had nothing on me period.

 

I just meet with my lawyer. Rob Mullen. He's been the go-to guy for my family and I for years. He didn't seem too concerned either.

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my first question when pulled over is "why have you stopped my officer?" I do not even let them say anything first. As soon as the cop is near me that is all he hears. They have to answer you.

Did he require a blood draw? I doubt he was able to compel a judge to sign a warrant based on your tshirt. Absent a blood draw he is no case

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Yeah I know I was legally in control of the vehicle but as Phil said a few posts up in this instance it really shouldn't matter for a number of reasons. I hadn't used marijuana at all since the night before and had nothing on me period.

 

I just meet with my lawyer. Rob Mullen. He's been the go-to guy for my family and I for years. He didn't seem too concerned either.

 

 

he is are Lawyer also and a great one at that i would say your in good hands good luck and please let us know if you need support in the court room

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Had you consumed marijuana at the event? I is still against the law to drive high card or not...Same as it is illegal to drive on alcohol or prescription medication. If you have a good lawyer though you should be fine..Did they test you for marijuana?? Not that it matters just curios..As you know patients are allowed to have it in their system only thing I am not clear on is if they can tell how recently you had smoked...

I'm pretty certain that the blood technicians are not able to determine whether or not the metabolites from a high person are any different than those from a smoker that was not high at the time of blood draw. So, with that being said, I don't think you should have worry one about winning you case, or any apprehension as to whether or not you will win a civil case against the cop for unlawfully arresting you, the judge for signing the warrant for blood even though it's legal to have THC metabolites in your system, the prosecutor for prosecuting the case, the county jail for unlawfully detaining you, and possibly the hospital for unlawfully obtaining evidence. I stongly suggest contacting the ACLU for support on this one! It seems as though that cop should go back to the academy for a refresher course, as should all LEO! Peace

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Only medical personel at the hospital or medical facility draw a person's blood for a warrant request for blood.

 

The blood is then sent to MSP where their lab techs determine what is in the blood and what ng/ml readings are present on each drug component. The turn around time for MSP is usually VERY slow. I've personally seen blood test toxicology results take up to 6 months before the results were provided by MSP. Not to say that yours will take that long.

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PB you know the zero tolerance law is gone right?

 

Sorry .. I don't believe that's the case.

 

I also believe a strong case can be made that it doesn't apply to mmj patients.

 

What went away is metabolites. You can't be convicted for DUID for metabolites anymore. That took care of that testing positive ninety days later thing. Now it's only the THC itself. That goes away much faster.

 

Since he didn't have anything to smoke that day, there would be no THC in the blood.

 

Hand the judge a copy of the Supreme Court case, and it should be tossed out.

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