11 hours in county jail.. DUI, Possession of concieled firearm, pos. of marijuana.. - FirebirdV6.com/CamaroV6.com Message Board

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  • 11 hours in county jail.. DUI, Possession of concieled firearm, pos. of marijuana..

    and pos. of drug parifanalia.


    heres the story....


    So i was having a couple beers with my "girlfriend."

    we both had what? 2 beers. nothing major we were just chill'n.

    we then decided, hey lets go meet up with everyone at the bowling alley..

    i get in the car, place my keys on my lap, she is in the car, i proceed to put my seatbelt on... and then WHAM.. my drivers door swings open and nearly cracks the fiberglass hindges.

    Its a police officer. "there has been a report of a sports car speeding around in this area"

    "sorry sir, but i've been here the whole time, could i please have my privacy and close the door?"

    as im closing my door on him he is peeping around with his flashlight. and finds a tobacco pipe sitting wedged between my kicker panel and rear seat and drags me outside.

    He asked me what this pipe was for.. i kept my mouth shut. practiced the 5th ammendment.

    then he proceeded to search my car since now.. illegally he had probable cause. (mind you while he was searching my car i was in the back seat of the police car, facing the other direction)

    Then he found my BB gun.. unloaded on the backseat. No C02 no BB's in it. BB's were in the glove compartment and c02 was in the back hatch under my speaker box.

    then he saw an empty 12 pack box of budlight. nothign in it.. just a box for a 12 pack of cans..

    "are you drunk" "no sir" :closes car door on me:

    narcodics agents arrive on the scene and i am given a roadside test.

    now first of all.. i kicked major ****ing *** on the roadside test. and second of all they wouldnt even let me wear my sneakers while doing it...? which of course makes it 10 times harder..

    so now im being booked for DUI, Pos. of marijuana (one stem and 3 seeds) pos. of drug parifanalia (sp?) and pos. of consealed firearm. (lol at that one.. consider florida did just pass the law where you can carry a firearm on you legally for protection)..plus it was a bbgun.. lol

    went to the police station for further questioning..they got out the video camera and microphone and interrigated me. Never read me my rights.. at least notyet.

    I only answered questions about me.. like.. color of eyes, birthplace, blablabla. i refuse to answer any incriminating questions.

    then they recorded 2 seperate sessions of me doing a roadside test in the P.D. in which i did absolutely splended on. then the cheif of police shows up and harrasses me and gives me yet another road side test in the facility.

    I dont know why.. but also they checked my pulse and breathing before and after each and every test...?

    well after all the testing was done, i agreed to do the breathalizer test. blew two times.

    first time blew a .048 and second time blew a .044 . Im 21. legal limit is .08 correct? Plus keys were not in the ignition and there wasnt an open container in the car.


    then they booked me.. bond was set to 500 dollars and i spent 11 hours in county jail.

    on my way to county i asked the cop "with all do respect, how is it a DUI if first..i wasnt driving, and keys were not in ignition, and second I'm not drunk?"

    Her answer: "there are more technicalities to a DUI than that"

    Uhh..DUI..lets see.. DRIVING UNDER the INFLUENCE.. hmm wasnt driving, and wasnt under the influence. pretty simple to me.

    ALSO when i took the first roadside test on the scene... when i completed she said to the other deputy "im gonna have to throw in a 57 as well"

    anyone know what a 57 is?

    tell me what u think? i think its complete utter bull**** and i was harrassed and ILLEGALLY SEARCHED and siesured.. Plus TAPE and Breath Test proves that i was not intoxicated, or not even a tad bit on the small buzz side.


    thanks for listening.
    96 Camaro M5. Dark metallic gree (?dont know the offical color name)<br />Home made Intake :: Headers, 3inch headers back to Flowmaster muffler :: spec stage 3 clutch Now installed, waiting for 3.42\'s and LSD next month<br /><a href=\"http://photobucket.com/albums/y192/RiceEatingCamaro/?action=view&current=newcar.jpg\" target=\"_blank\">My Car</a> <br /><br />Totalled Car.<br /><a href=\"http://bellsouthpwp.net/s/k/sk8er305/\" target=\"_blank\">96 CamaroRS</a>

  • #2
    One word for you:

    Lawyer
    Keith - 99 'maro - White M5 - bumpstick and boltons - 13.65 @ 101 N/A
    "I ain't too big to listen to the rumors, I'm just too @#$% big to pay attention to them" - Dr. Dre
    http://seppo.hopto.org/

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    • #3
      Sounds like a bunch of bull**** to me.
      Black \'94 Trans Am A4- SLP CAI & Loudmouth<br />Red \'93 Firebird A4- Ram Air under the WS6 hood, !cat, exhaust.

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      • #4
        plain view doctrine, you were NOT search illegally. He has probable cause once he saw the pipe and cans..

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        • #5
          He looked around your car and the pipe was in plain sight. Thats legal. You may be able to get him for opening your door without permission or anything saying that lead the the search thus making it an illegal search.
          \'96 A4 Camaro 3800<br />Nothing but... <br />Flowmaster 40 series

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          • #6
            Originally posted by ThatsMeGC:
            He looked around your car and the pipe was in plain sight. Thats legal. You may be able to get him for opening your door without permission or anything saying that lead the the search thus making it an illegal search.
            which is what i was implying.

            and there were no cans.. just an empty 12w pack box
            96 Camaro M5. Dark metallic gree (?dont know the offical color name)<br />Home made Intake :: Headers, 3inch headers back to Flowmaster muffler :: spec stage 3 clutch Now installed, waiting for 3.42\'s and LSD next month<br /><a href=\"http://photobucket.com/albums/y192/RiceEatingCamaro/?action=view&current=newcar.jpg\" target=\"_blank\">My Car</a> <br /><br />Totalled Car.<br /><a href=\"http://bellsouthpwp.net/s/k/sk8er305/\" target=\"_blank\">96 CamaroRS</a>

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            • #7
              that's crazy stuff. i learned about some of this stuff in high school, but i can't remember if it was nj law or federal, but here's what i remember - i believe the search was legal. a cop can look through you windows and if he sees anything "suspicious" (which can be virtually anything if the cop really wants to search your car) he has the right to search your vehicle. i'm not sure how you're being charged with a dui if u were under the legal limit, but if you're sitting in a car with the keys, no matter where the keys are, and under the influence, you're breaking the law (not sure what law, whether its dui or something else). i don't even think you have to be conscious. i have no idea what a 57 is. definately get a lawyer. if they never read you your rights, then you're good. miranda was such a nice guy.
              i\'m not an ambiturner.

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              • #8
                IF you use the pipe for tobacco, and it has no marijuana resin then they cant charge you with paraphernalia possession

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                • #9
                  Originally posted by Seppo Kaitainen:
                  One word for you:

                  Lawyer
                  ^^^^^^^^

                  What he said

                  First off... the pipe & pot is just stupidity on your part... you know that and I hope you learned your lesson

                  You were NOT DUI. You were not legally under the influence, though in MT even sitting in the car even without the keys will get you a DUI..... so long as you were intoxicated. You don't have to be driving, but you do have to be over .08.

                  The "Concealed firearm" charge is bogus... a BB gun is not a firearm... Weapon yes... firearm, no.

                  As far as the search - talk to the lawyer. I don't think he can just rip your door open for no reason like that, but he can search if he saw the pipe first.

                  Good luck.

                  Mike
                  <b>Trucks</b> <br />\'05 Dodge 3500 Dually <i>Cummins Turbo Diesel</i><br />\'98 Dodge 2500 4x4 <i>360 V8 (Wife\'s)</i><br /><b>Toys</b><br />\'81 Chevy K10 <i>Stroker/Swampers/Custom Suspension/1-Tons/Beadlocks</i><br />\'99 Camaro Z28 <i>6 Spd, T-tops, Borla</i><br /><br /><b>Real trucks don\'t have spark plugs</b>

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                  • #10
                    seriously get a lawyer, I wouldnt mess around with it.


                    what county was this? Dade or something?

                    I think the pipe gives them sufficient ability to look in oyur car.

                    know what sucks, some dip**** screwing around in their car that got the call out ot him is why he went to you.
                    -Eric<br /><a href=\"http://www.cardomain.com/id/mustangeater82\" target=\"_blank\">2000 NBM V6 Camaro 5-speed</a> T-top <i>converted</i><br /><b>14.467@95.45mph</b> <i>$0 in mods</i><br /><i>The member formerly known as MustangEater8251</i>

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                    • #11
                      Broward county.

                      Sunrise PD is who arrested me.. they are all PIGS.. FAT Pigs
                      96 Camaro M5. Dark metallic gree (?dont know the offical color name)<br />Home made Intake :: Headers, 3inch headers back to Flowmaster muffler :: spec stage 3 clutch Now installed, waiting for 3.42\'s and LSD next month<br /><a href=\"http://photobucket.com/albums/y192/RiceEatingCamaro/?action=view&current=newcar.jpg\" target=\"_blank\">My Car</a> <br /><br />Totalled Car.<br /><a href=\"http://bellsouthpwp.net/s/k/sk8er305/\" target=\"_blank\">96 CamaroRS</a>

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                      • #12
                        LAWYER. by the sounds of it, the money spent would be a wise investment.
                        \'01 Mineral Grey SVT Cobra<br />-former F-body owner

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                        • #13
                          wow thats crazy. get a good lawyer.

                          current car- 95 Trans am- bolt ons, parked and collecting dust. why? because **** it

                          Follow me!
                          http://www.twitch.tv/optimusprymrib
                          Or this

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                          • #14
                            lawyer
                            99 WS6
                            13.25@104.97 - Lid + soon to be more other stock items ;D

                            Originally posted by camaroextra
                            tears are great lube, but its hard to get a girl to cry onto her own ***.

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                            • #15
                              Originally posted by Tyler:
                              Broward county.

                              Sunrise PD is who arrested me.. they are all PIGS.. FAT Pigs
                              Sucks man, but i would get a lawyer, better safe then sorry, you have some serious **** charged against you.
                              -Eric<br /><a href=\"http://www.cardomain.com/id/mustangeater82\" target=\"_blank\">2000 NBM V6 Camaro 5-speed</a> T-top <i>converted</i><br /><b>14.467@95.45mph</b> <i>$0 in mods</i><br /><i>The member formerly known as MustangEater8251</i>

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