vendredi 15 décembre 2017

Drunk and Impaired Driving: First Marijuana DUI Case

My question involves criminal law for the state of: California. Hello, my name is Dewan, 21 from Sacramento, CA. I've never been to jail or anything of that nature before or even have had a case in the past. I only have acquired traffic tickets throughout my life since I've acquired a drivers license. On December 6, 12:25 PM I was pulled over by Rancho Cordova Police on a motorcycle for "Failure to fully stop at a stop sign." I was actually on the way back to work with my college around this time in which I was passing through a residential area since it's a short way back to work. When I pulled up to the first stop sign, I noticed officer Warren posted behind a car near the sidewalk on his motorcycle to the right of me. So I made my stop, then slowly pulled forward like DMV has stated in their handbook. Now since I own a 2011 Chevy Camaro SS, I have to pull up a little over the line to check my left/right before I drive off. So I did exactly that since parked cars were blinding my view and also knowing he was looking at me trying to get me for whatever he could since I happen to be the only vehicle in the area. I went ahead and turned right passing the officer to the second stop sign which is about 4-5 seconds after the first stop sign. Once again, I knew there was a officer to the right of me so a normal person would do the full three second stop which I did. I signaled left and made my left turn after a 3 second stop. I then looked over to my rear view mirror and noticed officer Warren turn on his lights and instantly pulled over to the side in front of a residents house. Warren walked up to my car and said, "The reason I stopped you today was because you failed to make a complete stop at a stop sign" so then he mentions how my car smelled like marijuana. He said "Who got the marijuana" and at that time, I can honestly say there was no marijuana or any substances in the vehicle. My colleague did not have any either, matter of fact he doesn't smoke. I was told to do a field sobriety test where the resident came out and watched how the officer took it to the absolute farthest by telling me to hold my right foot up and count to "1001, 1002 and so on till 1006" is what I was told from him upon tutorial. But the resident noticed how I was already up to "1015, 1016" and so on till 1021 then for my other foot 1030. The resident then said, "How long are you going to make him do that" and I feel he was trying to back me up because I was shaking from being nervous. I did tell the cop I have a cannabis card along with the fact that I did smoke at 8:00 AM. He then made us wait for another Rancho Cordova Police officer to come and breathalyze me where it came out to all zeros. After that I was arrested for DUI of Marijuana and taken by the other police to Rancho Cordova Police department where I was told to do a field sobriety test again privately, they also put me in a dark room to check my eye pupils out then lastly, took a blood test. The blood test got me put into jail I'm assuming cause they took me real quick after that. I'm pretty sure you can guess what happened next, I then arrived at Sacramento Country Jail around 3:30 PM where I was booked and released around 3:25 AM.

So there's a short summary of my case... My question is, what do I expect at court next month? I know Marijuana DUI is way different than a DUI for drinking with a BAC of over 0.08%. So what's the maximum percentage limit for Marijuana? I was never told this, never read my rights nothing. I just went to jail over a blunt for $10. I sat there and thought about it all night, I know it is wrong to drive under the influence period and I'm not saying it is at all. I heard in Washington the limit is 5 NM/THC levels then they arrest you. But since Marijuana will be legal on the first of January and my court date is after then I'm assuming there has to be some sort of limit before you're arrested. From what I know if an officer believes you're "high" then you go to jail. That's it, all up to the officer no actual proof. I also learned that DMV does not take your drivers license for Marijuana DUI, only alcohol depending on the situation. I literally just got my drivers license back September 19th, and I was on driving probation till February 2018. So is my drivers license gone now because of the actual stop sign ticket or...? If anything, I just want to save my drivers license more than anything. Any help or information I should know before my court hearing would be much appreciated! Have a good one!


Drunk and Impaired Driving: First Marijuana DUI Case

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