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Got Pulled Over With On Suspended License With Expired Card


Michigandr

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I am on probation until Feb. I got pulled over on Wednesday on a suspended license. It is suspended because i didnt pay a second 500 dollar driver responsibility fee. I had smoked earlier but the car smelled. I immediately told the officer my license was suspended then he asked if i had been smoking. Instead of trying to deny it even though i was no longer "under the influence" I just said yes i was smoking because i knew i was getting charged with DWPD anyway. He asked for my marijuana and i gave him a pipe and a grinder and showed him a empty container. He then cuffed me and put me in his car. He then asked if i wanted my car towed or left there i said leave it. So he went to get the keys out of my car and lock it. While doing so he search the car because it must have still smelled very strongly because i had a decent amount of meds in the car. He found it. Charged me with possession, driving on a suspended, and DWPD. I have court about the second week of December. I was wondering what would be the best thing to do.

 

Should i call my probation officer on monday and tell him i screwed up and see if he would be willing to release me from probation so my charges arent compounded, he is the head of the department and likes me. Or should i try to post pone court until February so i am off probation when my new charges go on my record so i and not also getting a probation violation?

 

I am going to try to get the possession charges drop because i am a patient with a new recommendation but didnt send it in yet and my card expired last month. I was also thinking i would try to get the DWPD dropped because i dont think i failed the field test because i didnt move my head when he did the pen test and the officer tried to get me to screw up for around 30 seconds which is a long time to have someone follow a pen with there eyes. I know the pen test is to check for a twitching of the eyes that marijuana use can cause but i dont think i failed or at least i could argue otherwise. I agreed to having blood drawn because if i didnt it would be 6 points automatically and another suspension on top of whatever other charges i get.

 

Any ideas would be greatly appreciated. Thanks

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for those reading this for future reference,deney,deney,deney! and plz folks dont medicate in the car. sorry this happened to you brotha but until legalized we have got to follow the law.You may want to send your paperwork to the state asap.goodluck

Ditto I'm not saying nothing or confirming anythings in my car until absolute necessary plus i never carry paraphernalia i know some have no choice depending on how they medicate but the less they see in my car the better the chance is i drive away. :mellow:

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Ditto I'm not saying nothing or confirming anythings in my car until absolute necessary plus i never carry paraphernalia i know some have no choice depending on how they medicate but the less they see in my car the better the chance is i drive away. :mellow:

 

I knew this would turn into a spectacle. Obviously i know there where other ways to go about it but i wasnt in much of a position to argue with the guy when i was going to jail anyway. I figured i would fight my battle after. I dont really see how you could have read everything i wrote and have such a limited response. No real advice for me just advice for others.

 

Please dont respond unless you have advice for me. I didnt post this to be told what i did not do or did wrong. Thanks

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Honestly bro you screwed up. The laws suck, but there the laws. On the note of your probation chances are he will come across it either way. Sorry to say it, but I think your screwed. Also like the above said don't smoke in the car it's just asking for trouble. We are lucky to have this law even if Leo is abusing it that does not give us the right to.

 

SS

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all the responses are not going to be what you want to hear,there is no magical answer or help at this point,or to give you a false hope would be cruel to you,you might as well prepare for the worst and pray for the best. It totally blows and Im sure there is not one of us here that wishes and will pray for the best for your outcome.

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Here is some advise for you! 1. Get a licenses and stop driving till you do. 2. Follow the f''in law and stop making us look bad. 3. Don't sit and admit everything to the cop.. 4. You chose to break the law and now you are all worried, maybe worry up front next time. Shutte is using examples just like this, irresponible people that are not supposed to drive are driving stoned. Why is anybody feeeling bad for this guy, he is clearly irresponsible, on probation and still does not get it.. Maybe fools should stop being catered to and force them to be men and take some responsibility!

 

 

I am on probation until Feb. I got pulled over on Wednesday on a suspended license. It is suspended because i didnt pay a second 500 dollar driver responsibility fee. I had smoked earlier but the car smelled. I immediately told the officer my license was suspended then he asked if i had been smoking. Instead of trying to deny it even though i was no longer "under the influence" I just said yes i was smoking because i knew i was getting charged with DWPD anyway. He asked for my marijuana and i gave him a pipe and a grinder and showed him a empty container. He then cuffed me and put me in his car. He then asked if i wanted my car towed or left there i said leave it. So he went to get the keys out of my car and lock it. While doing so he search the car because it must have still smelled very strongly because i had a decent amount of meds in the car. He found it. Charged me with possession, driving on a suspended, and DWPD. I have court about the second week of December. I was wondering what would be the best thing to do.

 

Should i call my probation officer on monday and tell him i screwed up and see if he would be willing to release me from probation so my charges arent compounded, he is the head of the department and likes me. Or should i try to post pone court until February so i am off probation when my new charges go on my record so i and not also getting a probation violation?

 

I am going to try to get the possession charges drop because i am a patient with a new recommendation but didnt send it in yet and my card expired last month. I was also thinking i would try to get the DWPD dropped because i dont think i failed the field test because i didnt move my head when he did the pen test and the officer tried to get me to screw up for around 30 seconds which is a long time to have someone follow a pen with there eyes. I know the pen test is to check for a twitching of the eyes that marijuana use can cause but i dont think i failed or at least i could argue otherwise. I agreed to having blood drawn because if i didnt it would be 6 points automatically and another suspension on top of whatever other charges i get.

 

Any ideas would be greatly appreciated. Thanks

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Here is some advise for you! 1. Get a licenses and stop driving till you do. 2. Follow the f''in law and stop making us look bad. 3. Don't sit and admit everything to the cop.. 4. You chose to break the law and now you are all worried, maybe worry up front next time. Shutte is using examples just like this, irresponible people that are not supposed to drive are driving stoned. Why is anybody feeeling bad for this guy, he is clearly irresponsible, on probation and still does not get it.. Maybe fools should stop being catered to and force them to be men and take some responsibility!

hey are you my husband in disguise??haha thats exactly what he said,almost word fro word,dude. Just so you know you have a cosmic twin:)

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Go to jail, cop a plea I COULDN"T CARE LESS

 

Do not jeapordize our children/grandchildren by violating a license suspension which means you are also uninsured

 

Glad the officer got you off the road

 

You made a decision to break the law and somehow you think you should be exempt from ridicule

 

 

 

 

Follow the law like most of us in the future

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We are all human which means we ALL screw up something at sometime. You may be able to use the affirmative defense regardless of sending in your paperwork. When MM went on the ballott, it was for "registered and non registered MM patients". Its really your only hope. My friends are going thru a similiar situation. You can read about it under the "Legal Professionals" tab. "Pro-Bono needed in Oakland County". Already being on probation and driving while suspended does not bode well for you tho. If you thought the $100 was alot to send in to get your paperwork legal, wait till you get the bill for an attorney! If you have the opportunity to plead out to a misdemeanor, i would strongly recommend that. Depending on the amount of meds in your car, you could be looking at felony posession. I am goin to tell you the same thing I told my friends of 28 years......... "Quit being stupid!!!!!" Good luck getting your PO to release you early. Especially with these new charges. Either way, the courts will look back and see you were A: DWS, B: on probation and C: in possession without documentation at the time of the incident. And then you admitted to using while driving. Not a good combo my friend. I wish you luck with at your future court dates as there will probably be a few of them. Keep us posted on what happens. Even if only for us to use you as an example of what not to do! Your friend in the community, Medcnman.

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Everyone need one of these cards w/

 

their Registration and Proof of Insurance ...

 

If LEO starts asking Questions :

 

KEEP YOUR MOUTH SHUT .....

 

RefusetowaiveRights.jpg

Hey Tarzan, is there any way to get more of these cards to the Jackson Farmers Market? You gave me two and I put one in each of my vehicles. I think everbody that has a MM card should also have one of these cards! Thanks! Medcnman.

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1. you said you have a current doctor's recommendation - that means you have a Affirmative Defense. (you cannot get a doctor's rec AFTER being arrested for marijuana)This is a possession case, the DUID might be added or not. Since you are a probation violation, they will just use one charge to screw you - either the driving suspended II or the possession.

2. One of the rules of probation is you are supposed to contact them if you are arrested. Chances are he is going to run your name before your next appointment. While the charges might be pending and not processed into LEIN and NCIC, the arrest is in the computer under your name. Floating in an area called "police contact".

3.The expired driver's license is actually going to be worst than the possession of marijuana ( I assume you had less than 2.5oz) You will now be suspended for at least a year, owe more money to that greedy state driver's improvement program, and even face up to 3 days in jail. The marijuana, is your second offense, but still possession. Unless they charge you with intent to distribute, the driving suspended II is going to hurt more.

 

You need a lawyer. One that is good for both driving and possession cases.

 

DN

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One other thing. Driving while under the influance of prescription drugs will probably be replaced with a driving under the influance (DUI) because MM is a "recommendation" not a prescriltion. Best of luck to ya! Medcnman.

 

It depends - if the basis of the DUID case is only that the officer sees you had a MMMP card and asked you when the last time you medicated. If the officer has a inconclusive roadside test, and no video of you driving like a silly billy - then the case for DUID might be tossed out. The possession, well, you did have it - and the search of your car that found it was a result of 'inventory search' after you got arrested, or even a continuation of his 'DUID investigation' as you turned over pipes and grinders, but no marijuana. Maybe the search of the car can be null. Then you have the driving while suspended, which you verbally admit to, and you were operating a vehicle - that one is the most secure case they have on you. The probation violation, each probation has its terms, most says that being arrested for misdemeanors or felonies can revoke your probation.

 

"Second Offense Driving While Suspended"

 

Up to a $1,000 fine, or up to 1 year in jail, or both.

Mandatory additional license sanction.

Vehicle may be immobilized for up to 180 days.

2 points added to the offender's driving record.

Driver Responsibility Fee of $500 for 2 consecutive years."

 

See http://www.michigan.gov/sos/0,4670,7-127-1627_8665-24488--,00.html

 

New rules for drugs and driving

 

Anti-Drug Laws

 

Michigan law requires driver's license suspensions for drug convictions, even if you were not driving at the time of the offense.

 

If there are no prior drug convictions, your license will be suspended for 6 months. No restricted license is allowed for the first 30 days of that suspension.

 

If you have one or more prior drug convictions within 7 years, your driver's license will be suspended for 1 year. No restricted license is allowed for the first 60 days of the suspension.

 

DN

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QUOTE: If the officer has a inconclusive roadside test, and no video of you driving like a silly billy - then the case for DUID might be tossed out.

 

That's not what happened to a close friend of mine in Gladwin County. All it took was a cannabis positive drug test and he was DUID. The only reason he got pulled over was a bad tail light on one side. The officer smelled cannabis and so there came a blood test. The rest is like a long slippery slope....

 

the recent court ruling on THC and THC metabolites will determine if the blood test will be good for DUID or not.

 

How many times do I need to warn people not to stink and drive? Smell of marijuana is a pretty good probable cause to search you and arrest you for DUID. Imagine for one darn minute if you had used mouthwash before you left home, kept your stuff locked in a air tight case in the trunk, and not in your darn coat pocket - like you just toked and drove. Gee - how many people could have avoided this mess....

 

Treat it like medicine, not like your ciggerettes, and not like your MMMP card is a get out of jail free card.

 

DN

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I am not here to condescendingly talk down to you we all make mistakes, some people just need extra bumps on the head...I just woke up and it sounds like everyone is trying to chastise you

 

Well we are, but some people are also out to help....I am no lawyer and you should definitely get one ASAP, but i think your best bet would be to wait until your off probation to deal with the hot water you have put yourself in

 

A lawyer can have things postponed for quite some time....just let this be hard lesson learned and listen to all the advice DN and the others are right

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My friend was smoking and driving about a half an hour before he got pulled over. In the old days they would have let you slide if you didn't have some weight with you.

 

Yep, good ole days.

 

Now its THC metabolites. Again, many of this could have been prevented by locking the meds up, and not stinking. Again - carrying the stuff in your front pocket vs having it locked in the trunk - that could be what LEO will let slide - responsible behavior.

 

I have been pulled over numerous of times as I drive fast. I have never been searched or questioned about marijuana - despite having it on me almost every time I was pulled over.

Don't look like it, don't act like it, and don't smell like it - pretty sure they won't be thinking about it.

 

DN

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Might be your hair cut. LOL Some of us are a little easier to spot, because we are different, because we are free, because we are everything they wish they could be. For that we will be punished by extra inspections.

 

Lets be honest - LEO can use profiling for pulling people over or for deeper inspections when you are pulled over. So why be ignorant about this fact? Driving a car that looks like you have no insurance on it or even a valid registration will sure get a better look from LEO than a clean, plain looking family sedan. And yes - I do not have a marijuana leaf hanging from the rear view mirror, I do not have the greatful dead dancing bears sticker in my back window, and I do not have a bumper sticker that says 420.

 

I am a punk rocker, I wear my leathers and on my jacket I have a Oakland County Sheriff patch - upside down as my insult to Bouchard. I am not always clean shaven, and I do drive fast - everyday, every time. When I am pulled over, besides not stinking off marijuana, I am respectful, I hide my MMMP card, and - it comes off as a simple traffic stop for speeding. It is extra work to carry a briefcase, it is extra money to buy. It is extra work to put it in the trunk, and to lock it every time. I make sure that if I have to smoke prior to driving on a long trip, that like any medication "USE CARE when operating machinery or driving while taking this medicine".

 

If you think you might be profiled because of the way you look, take extra precautions.

 

 

DN

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I am not here to condescendingly talk down to you we all make mistakes, some people just need extra bumps on the head...I just woke up and it sounds like everyone is trying to chastise you

 

Well we are, but some people are also out to help....I am no lawyer and you should definitely get one ASAP, but i think your best bet would be to wait until your off probation to deal with the hot water you have put yourself in

 

A lawyer can have things postponed for quite some time....just let this be hard lesson learned and listen to all the advice DN and the others are right

 

Thanks i appreciate that. Some of the responses are kinda sad not yours of course.

 

I am not your child you dont need to tell me what i did wrong, does calling someone out on screwing up make you feel better? O wait of course it does... how sad.

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Go to jail, cop a plea I COULDN"T CARE LESS

 

Do not jeapordize our children/grandchildren by violating a license suspension which means you are also uninsured

 

Glad the officer got you off the road

 

You made a decision to break the law and somehow you think you should be exempt from ridicule

 

 

 

 

Follow the law like most of us in the future

 

I was on a suspended license because i didnt pay a second driver responsibility fee of $500. Honestly your a jerk. Sorry I wanted to see my family on thanksgiving so i drove anyway. Get a life. I bet yours isnt perfect, so stop trying to make yourself feel better by putting me down. I honestly thought i would get some decent advice here but it seems i have to sift through similar bs to yours. So funny how people read these forums everyday and are so pathetic. I know i screwed up thanks for reminding me. Bet you have drove on a suspended license before or drove drunk... (way worse) You dont know me and you dont know all my circumstances. Maybe if your a grandparent you should spend more time with your family and less time smoking shiitty weed that makes you feel like saying shat like this.

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