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Got A 750.474 Ticket In Crawford County... Should I Fight Or Pay The Ticket.

awdswag

By awdswag
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awdswag Member

awdswag

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I was puled over on I-75NB for going 71 in a 70, I was asked to leave vehicle for questions, I did so willingly. Then I was asked if I was a Patient, I replied by showing my card. Then he asked me to show him what I had, which I did but being NEW to this program did not realize the in the trunk in a case law, so I pulled my 1.8 grams out and two small plants that were in veg out of my backseat which they were in a backpack. He then asked if I had more because the smell made him think so, so I replied no and told him to search my car, I even opened my trunk because I knew there was nothing else there. He then had me get back into my vehicle and returned shortly after with a warning for going 1-5 over and a misdameanor for improper transportation.

 

I have no offenses in Michigan at all, but I do have some in Ohio all misdameanors , I know this wont effect my mmma card but I dont want a $500 fine and 93 days in jail, I dont have enough $$ for legal counsel... Anyone had these experiences and went without counsel? What happened etc.?

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Wild Bill Advanced Member

Wild Bill

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If you truly feel in your heart that you are innocent, then by all means fight it. If you think that you are guilty of what you are charged with, then pay the fine and be done with it. I can't imagine you would get any jail time for this. But you never know.

 

You might be able to plead guilty with an explanation. The judge may let you plead to a lesser charge since you were unaware of the law.

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t-pain Advanced Member

t-pain

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were you really only going 71? or did the cop write a lesser speed? just curious.

section 8 should protect all patients from the prosecution of marijuana posession, transport, etc.

 

's up to you. it will cost money in court. more than $500 if you get a lawyer. if you find a pro bono lawyer that would be cool.

call up aclu and a bunch of lawyers, cant hurt to call and ask , right? right???

 

after you call all of the medical marijuana lawyers, call the prosecutor and see if he/she will drop charges due to you having a card and the marijuana being in a case.

 

i'd fight it, i didnt get a card to be charged/convicted of a misdemeanor.

but if you dont mind having this crap on your record, whatever.

 

at least go to court and say not guilty, go for a jury trial, the prosecutor will offer you plea deals and plea deals and plea deals and probably finally drop charges on first day of trial...

Edited by t-pain
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t-pain Advanced Member

t-pain

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you didnt break a law.

 

that is, unless there was someone else in your car. theres a part of mmma law about live plants arent supposed to be in a car with people who arent allowed to posess plants...

 

 

MCL 750.474 (so called illegal transport) does not apply to the medical use of marijuana as found in MCL 333.26421 - MCL 333.26430 (the MMMA).

 

because it is inconsistent with MCL 333.26423 (f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana

also MCL 750.474 is inconsistent with MCL 333.26428 (a) (3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana

 

MCL 333.26427 (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

none of this is legal advice of course.

Edited by t-pain
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awdswag Member

awdswag

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I dont have money for an attorny and im not sure if the trial thing will play out well.. I have talked too three lawyers and they all want me too hire them obviously, I dont care about this thing being on my record but I really dont want jail time over some BS.. What about a public defender? Could if i have them bring this to the prosecuters attn? Could I possibly get the same  result as hiring a lawyer?

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awdswag Member

awdswag

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were you really only going 71? or did the cop write a lesser speed? just curious.

section 8 should protect all patients from the prosecution of marijuana posession, transport, etc.

 

's up to you. it will cost money in court. more than $500 if you get a lawyer. if you find a pro bono lawyer that would be cool.

call up aclu and a bunch of lawyers, cant hurt to call and ask , right? right???

 

after you call all of the medical marijuana lawyers, call the prosecutor and see if he/she will drop charges due to you having a card and the marijuana being in a case.

 

i'd fight it, i didnt get a card to be charged/convicted of a misdemeanor.

but if you dont mind having this crap on your record, whatever.

 

at least go to court and say not guilty, go for a jury trial, the prosecutor will offer you plea deals and plea deals and plea deals and probably finally drop charges on first day of trial...

I was only going 71!!

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awdswag Member

awdswag

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Don't talk to the police. When will people learn....

Ive been that route and I got thrown into the snow on the side of the road and still got screwed.. I even paid top dollar lawyers to fight it and in  the long run they took $3000 in new unused glass, charged me with obstruction and failure to comply.. All in all that cost me around $6000 for nothing when had I cooperated It might have just been a traffic ticket.. I did the whole I dont consent I dont have to answer dance and fact is these cops do whatever they want and they really get bad when its a guy in his mid 20's and he knows the law.. All a cop has to do is say he smells Marijuana and its probable cause

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t-pain Advanced Member

t-pain

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i tried explaining 750.474 to a senator , it didnt go well.

 

you could try talking to the prosecutor. probably they will continue charging you.

ask the prosecutor to ask the attorney general to issue an opinion on 750.474 and MMMA inconsistency rule.

 

you could go to court and file your own motions to dismiss. under sec4 and under sec8

 

theres some info on filing a motion here: http://www.capwayne.org/

info on sec8: http://www.michiganmedicalmarijuana.org/ccs_files/downloads/EssentialsoftheAffirmativeDefense.pdf

heres an example sec8 motion to dismiss http://www.capwayne.org/handouts/2009/2009_10_30_medical_mj_motion_TEMPLATE.pdf

another example sec8 motion : http://media.mlive.com/news/baycity_impact/other/img20130515_18140411.pdf

another : http://thecompassionchronicles.com/wp-content/uploads/2012/09/Applebee-motion-brief-re-affirmative-defense.pdf

 

 

heres a template sec8 motion to dismiss : http://www.michiganmedicalmarijuana.org/ccs_files/downloads/ModelMOTIONTODISMISS.pdf

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t-pain Advanced Member

t-pain

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it sounded like the cop smelled first and asked later.

 

its better than arresting him first and asking card later. can you agree?

 

his problem was granting consent to search. which he adressed upthread . cops gonna do what they gonna do.

Edited by t-pain
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Kingdiamond Advanced Member

Kingdiamond

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Of course I agree that if he was alerted to the smell of cannabis id pull my cards but since I carry everything in the trunk in jars that's hopefully not going to happen.

 

My point is word from a couple of people in my real world circle Garden city and Westland cops have been using this line of questioning on all of their traffic stops first they ask if your concealed carry then the 2nd question is do you have a medical marijuana card which unless they are alerted to the smell of fresh cannabis in your vehicle or on your person they shouldn't be allowed to even ask .

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mibrains Advanced Member

mibrains

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if you don't mind me asking how do you have a Ohio plate... Ohio license and a Michigan Medical card? 

 

did you just recently move here and not change your information over yet?

 

i pucker up every time i drive I75 in Crawford... i see the patrols every 3 miles hiding in the center and Know they are looking to procure their budget resources...

 

first thing to remember... DO NOT CONSENT TO A SEARCH..

 

i know it's to late for you in this instance but that is the first and most powerful way to regain your control when facing LEO.

 

it's a brutal world out there..

 

i am so sorry for your stress and troubles..

 

in my humble opinion do NOT represent yourself in court....

 

ever..

 

hire the best attorney you can..

sell what you must..

go into debt..

do whatever your resources allow because you do not want to loose..

 

it is your life on the line when it comes to the court system..

 

please keep us informed as your able.

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