Snuggles is getting his first DUI

[Tater]

What? I'm totally lost what are you talking about? Nobody can take your blood without your permission or a court order period. Cops can lie to you they can say anything they want to try to get you to comply with what they demand but thats just it, the power is ultimately in your hands. What does conditioning etc etc have to do with anything? Condition yourself to shut your mouth if you get busted. Condition yourself to demand a lawyer. Condition yourself to be aware of the laws where you live. In reality knowing your rights and how to exercise them is YOUR responsibility, I mean come on we all spend hours on this site and in our grow rooms or outdoors or where ever you grow perfecting our art all the while for most of us we know that what we are doing is illegal. How about spending a couple of those hours making yourself informed? What does notorizeing a form have to do with anything I mentioned? All I said was this is a good video to teach you the ins and outs of dealing with cops and that he should have refused the blood sample. What are they going to do tie you down and force you to give blood? You ever seen a nurse try to take blood from a child that dosen't want their blood taken? I gaurantee that if they tried to take my blood without my consent it would take more than a few officers to hold me down and I know they would leave physical marks on my person in the process. Did you also know that you can file civil suits against the police? Not knowing or ignorance is not an excuse. The difference between knowing and not knowing could possibly be jail time so do the math.

 

[Tater]

Oh and another thing, cops can't charge you with anything. They can serve citations and make arrests but they can't charge you with anything thats up to the DA. (or someone else in the legal hirearchy I can't remember atm.) He also could have refused the strip search but because he complied and took off his pants and handed them to the officer its legal. I've been in more than my fair share of trouble with the cops and the number one rule is keep your damn mouth shut. Rule number two, lawyer up. Rule number three civil disobedience is not against the law.

Remember cops don't have to tell you the truth. Just because the nice officer said they have the right to shove their fist up your butt dosn't make it true.

 

[snuggles]

I didn't read the whole thread but I did read your first post and a few others. I skimmed it. But sounds like their are a lot of people that would benefit from watching the video Barry Coopers Never Get Busted Again. Its an ex DEA agent turned pot activist who shows you the ins and outs. Lots of it dosen't apply here in Canada but there is still a lot of good info. Oh and the one thing that you shouldn't have done is let them take your blood and you should have demanded (DEMANDED) legal counsel.

In PA failure to give blood is an automatic guilty plea, meaning automatic 1 year suspension and then they still have the right to search your car and charge me for other things too. Also the form you sign specifically states that you are not allowed legal counsel prior to a blood test here in PA its completely legal, I have watch the video, problem is like the above poster said if they want you they have you...it's like a stupid loophole around my rights and completely legal. Also DUI or DUID is different from state to state. If my blood comes back less than 5ng thc I'm good but it won't. 5ng is nothing. But if it does you best believe I will be one angry camper but it is ashame when some is a homeowner and pays his taxes in the town where he was arrested for driving through a check point key word being checkpoint not a border stop involving customs and I'm sorry but this whole odor thing is ridiculous how can they prove they smelled it to begin with cause I promise you all I did not smoke in the car and I didn't smoke prior...I HAD longhair and I HAD a beard, also I was given some special treatment LOL great cops let me tell you. I would love to see them get the boot. Odor is a scarey word, not just cause it stinks but because it now means they can violate your rights give me a break. I smelled something that night...BACON...stupid pigs.

Thanks guys it does mean the world to me...and I would say I
m a good person or a bad person, I do many good things and I have and will continue to do some things badly I'm human but now I truely understand the war on drugs and I am the enemy I had no choice I'm on the wrong side LOL. Thanks guys

 

[snuggles]

Oh and another thing, cops can't charge you with anything. They can serve citations and make arrests but they can't charge you with anything thats up to the DA. (or someone else in the legal hirearchy I can't remember atm.) He also could have refused the strip search but because he complied and took off his pants and handed them to the officer its legal. I've been in more than my fair share of trouble with the cops and the number one rule is keep your damn mouth shut. Rule number two, lawyer up. Rule number three civil disobedience is not against the law.

Remember cops don't have to tell you the truth. Just because the nice officer said they have the right to shove their fist up your butt dosn't make it true.

I didn't take off my pants, he asked if I had drugs in my pants and I chuckled it was funny well he didn't like that I WAS PANTS. I also told them they could not go through my car or trunk so maybe I have something there.

 

[snuggles]

hey have every right to take my blood, urine, or a breathalizer read this page...laws are different from state to state

willdefend.com/CM/FSDP/PracticeCenter/Criminal-Law/Drunk-DrivingDUI.asp?focus=faq

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

This applies to blood also, so it's gestapo intimidation. If I don't it gets worse if I do it's not as bad but I had no choice, I have to let the court settle it....and I agree it's my blood MINE. I found out that my best action would have been to say I was drinking passed the test and let go, they can only do a check on one thing and only once...IRONIC LOL.

 

[Tater]

Well from the DUI cases I have seen (this is in Canada mind you) it is also illegal to refuse a breathalyzer here but your chances of wining your case are way higher if you refuse to blow or give samples. Dude if you are living in a state where they can take your blood without your consent why don't you move. Thats ridiculous.

If you had nothing in the car you should have consented to a search, 9 times out of ten they will do a quick sweep and you'll be on your way. Chances are they did a much more thorough search because of your refusal. And just because they say its illegal to refuse a blood test dosn't mean its not your best course of action. Its also illegal to grow your own pot remember lol. That quote above mentioned nothing about blood. Breath samples and blood samples are two totally different things.

 

[Tater]

I did some digging of my own and your state law says that you do have the right to refuse a blood test but if you do they then have the legal right to revoke your license for 12 months. Its not a DUI just a refusal to present samples charge and won't result in criminal penalties. No license and no criminal charges or no license and criminal charges. The choice is yours, I know I can go 12 months without my license but going to jail would sure suck ***.

 

[pussum]

What? I'm totally lost what are you talking about? Nobody can take your blood without your permission or a court order period. Cops can lie to you they can say anything they want to try to get you to comply with what they demand but thats just it, the power is ultimately in your hands. What does conditioning etc etc have to do with anything? Condition yourself to shut your mouth if you get busted. Condition yourself to demand a lawyer. Condition yourself to be aware of the laws where you live. In reality knowing your rights and how to exercise them is YOUR responsibility, I mean come on we all spend hours on this site and in our grow rooms or outdoors or where ever you grow perfecting our art all the while for most of us we know that what we are doing is illegal. How about spending a couple of those hours making yourself informed? What does notorizeing a form have to do with anything I mentioned? All I said was this is a good video to teach you the ins and outs of dealing with cops and that he should have refused the blood sample. What are they going to do tie you down and force you to give blood? You ever seen a nurse try to take blood from a child that dosen't want their blood taken? I gaurantee that if they tried to take my blood without my consent it would take more than a few officers to hold me down and I know they would leave physical marks on my person in the process. Did you also know that you can file civil suits against the police? Not knowing or ignorance is not an excuse. The difference between knowing and not knowing could possibly be jail time so do the math.

Basically that whole thing meant that cops will do whatever it takes to get someone put into jail if they want to and that, long story short, cops use the fact that we, as people, are made to believe that they are supposed to be our friends and that even when in their custody all they want to do is help us. Which as we, in this forum, all know is completely and utterly wrong because they take that trust and prey on it.

I also meant that they could have had anything written on that paper and tried to convince him it was true but it doesn't necessarily mean that it is which you pretty much sumed up in your above posts.

 

[snuggles]

I'm telling you in PA a refusal is an admission of guilt, trust me I live here I know. There was no phony paper and there was nothing I could do. If I refused I was placed under arrest for suspision of DUI then from that point onward they are allowed to search anything they want without a warrant...also stems and rolling papers were found. As they were search I said no they never asked my consent at all.
Under PA LAW , any person who holds an operator's license within Pennsylvania, and is in actual physical control of the movement of a motor vehicle shall be deemed to have given implied consent to one or more chemical tests of breath, blood, or urine, if an officer has reasonable grounds to believe the person had been driving, operating or was in actual physical control of the movement of a motor vehicle while impaired. If a driver refuses, he/she will have their license suspended for 12 months and 3 days mandatory incarceration. If they are subsequently convicted of the D.U.I. or D.A.I. charge, the suspension will be in addition to the suspension for the D.U.I. or D.A.I. conviction. A person is not entitled to have an attorney present for this particular test.

And PA isn't Canada trust me, I had about 15 second to make the decision and I can't lose my license for a year, I run my own business and am my only employee, and then after I refused they would have searched my car and still found the stems and papers and then they can charge me with more and I still have to go to court and win the case otherwise it gets added on. I was also under the impression I could get the first time offenders program but drugged drivers in PA are considered the highest tier and automatically are not allowed...woops. You used to be able to just do the year suspension but not anymore, and once you say no you are arrested and like I said in the US once you are arrested they need no warrants at all. There is really no way out. Also the form is totally legit. Like I said if that ever happens to me agin I was told to say I had been drinking and I will be given a breathalizer which I will pass and they can't take anything else or check for anything else. Also in PA you can get a DUI at .02 if they deem you are impaired, it's up to LEO there are no lawyers allowed at checkpoints. I appreciate you trying to help me but PA doesn't mess around with drugs or alcohol at all. Our alcohol is even state controlled, when you buy liqour you so to the STATE STORE and PA is a commonwealth meaning they generate revenue from arrests. And why do I live here, well I was taking care of my mom and I bought my house 1 month to the day of her passing. This is also my home but I will be leaving when I am allowed. I talked to tons of lawyers and they all said the same thing never refuse a blood test, breath test, or urine test...they will throw the book at you. And under PA law urine blood and breath are all the same.

American laws are made to seem like your rights aren't violated but they are, LEO has loopholes. I have the right to search and seizure according to the constitution but as soon as I am arrested or put under arrest for suspicion they can go to town and search. All they require for suspicion is odor that's all. So I smell something I place you under arrest for suspicion of DUI and then you have no rights to say no to a search, they search find the stems and papers (it could have been a seed anything really) then they can order a blood test anyway since you are incarcerated and you get a double whammy...great laws LOL.

 

[pussum]

You are absolutely correct. The laws here are placed as a distraction and false security to make you think you are not being violated while they are in the back lubing up their billy clubs.

Then, to top it all off, when you scream about a violation they just point to the laws and crutch on them as their defense or even worse they will end up pointing to some "legal precedent" that is so old the context of the case no longer applies to this time.

 

[Dadgumit]

As far as this law in PA goes I can vouch for snuggles. You can interpret the law any way you want to, but I'm tellin' ya "it is what it is" there. PA is like no other place I've ever been, in the legal sense. The police have sooo much power in that state, it is absolutely ridiculous. I have witnessed the police (and the State Police no less) talking to someone's attorney saying that they knew that the charges against the person were made up but they went ahead anyway! As unique and beautiful and (sometimes) fantastic PA can be, anymore you don't want to let the sun set on you there...

 

[Tater]

Whoa just read all the above there and crazy. Absolutely crazy. All the best man.

 

[snuggles]

Yeah it's weird here, too many police. In fact where I was stopped at the checkpoint there were 5 police departments and the State Troopers, and that's all in my little neck of the woods. They had access to 3 large parking lots, with all the tow trucks ready. They had paddy wagons doing trips, it's an organized fund raiser here, sure they help catch people but enough is enough. MADD cries about stuff and everyone comes running, meanwhile I'm an angry son who watched his mother suffer and all I ask is that others like her, our loved ones, have an option and some compassion but I'm viewed as a bad guy for my beliefs. Meaning I want people to have the right to puff if they are ill, not a cure but compassion. Meanwhile some moms get together and change the face of our legal system. I am against drunken driving I am and I would never get behind the wheel if I felt impaired. Even when I drank I never drove never...people get hurt or even orse dead but enough is enough not everyone is a bad apple. It's really scarey how much power even a small time cop has, and we all know they have a high rate of alcohol dependence it's a fact and they help each other out. I think cops should get double penalties not people who smoke some MJ. Cops are supposed to be role models (LOL) so you do a crime, twice the time. In Jersey a cop abused the lights, didn't feel like waiting so he flipped his ights and ran through an intersection, he killed 2 girls, sisters at that he is only getting charged with manslaughter last I heard, sickening. Now some mom has no kids cause some douche couldn't obey traffic laws like we HAVE to.

 

[snuggles]

Earlier this week I had my first hearing...all charges dismissed, illegal search LOL, I guess we still do have some good judges who care about the rights we have to protect ourselves. Garden is back up and my attitude is still a good one, but now I wanna start some fires...LOL not real fires, it's a figure of speech I like to use. Meaning I will not stop being an activist or doing what I think is right. One positive that came from this is now my friends and family know that MJ is no laughing manner when it comes to ridiculous punishment, most people still think it's a small fine or something LOL wake up and smell the coffee or rather smell the weed.

Thanks for being such good friends guys and gals, your support helped me so much. Thank you, I owe you all.

 

[Puffin Afatty]

:woohoo:

 

[SmokinMom]

Earlier this week I had my first hearing...all charges dismissed, illegal search LOL, I guess we still do have some good judges who care about the rights we have to protect ourselves.

Most excellent! I am very happy for you snuggles.

 

[Dozingoffaroundthecorner]

It sounds like you live in a small town and those cops were hating on you. How would they know you are a "stoner"? Maybe you should get a lawyer in the major city close by to handle the case. It sounds like those cops really screwed up. It's a waste of time. A paraphernalia ticket would have been more profitable and would have used the time more efficiently but instead they went out of their way to be jerks. It just sounds like they hated on you. Did the one officer that let you pass the first time see what those idiots did?

 

[Dozingoffaroundthecorner]

Well I guess I am a little behind in the conversation but I have to say your attitude is admirable. As for your concerns for your business that is all within your reach and your control. Nobody can take a skill away from you. I also sincerely hope for your dog's sake that you never do anything that puts you out of the scene to care for them and be around them. Even if you get into trouble I hope that it is similar to being grounded LOL. I would get a back up attorney anyways just in case.

 

[IRISH]

sweeet. wtg bro. hoping theres reprimands' all around for the overzealous ones. at least that black mark on thier records' when it comes to pay hike increases'...

 

[snuggles]

Case is over my lawyer got me off. And no I don't live in a small town, I live right outside Philly, in a dry county next to a majorly bad city also south of Philly. I guess it was the way I looked and they can run my plates and then my record, never trust them and never assume they will help you if you help them. My lawyer was telling me that roughly $3000USD goes to the arresting police stations here in PA, kinda like drug arrests and grant money gained that way. Keep in mind ever arrest has some sort of monetary benefit or "promotional" benefit to the men in blue. I have learned my lesson though, I vacuum my car and clean it once a week, I was stupid for having a messy car and not looking clean cut. I was just happy it was dismissed cause the cops were intimidating bullies and jackarses for doing what they did.

EDIT: woops I meant to say 3k goes to the arresting station for a DUI.