Alcohol & Drugs: DUI, DWI Drug and thief charge

[Danessa Gomez]

Jurisdiction

Texas

My license are suspended and expired so I got pulled over for no seatbelt I told the officer my license are suspended I got arrested they put me in the patrol car they searched the car without a warrant or permission and they found a pipe that wasn't mine and I borrowed the car from a friend and now they're saying that I stole the car how do I get out of this ..

 

[mightymoose]

There is no magic way to make it all disappear.

You knowingly drove the vehicle when you knew you should not have. You are responsible for what is in that vehicle. You would not be in this predicament if you had followed the rules.

As you describe the scenario the search of the vehicle was probably legitimate. In short, the more accessible and in plain view that pipe was the harder it will be to argue against its discovery. If it was in a bag within another bag within a locked box its discovery could be beyond the scope of what police are allowed. Odds are that it was on the floor, in the door, or in the glove box- fair game.

As for the car being stolen you have not given enough information to assess that. It could just be that the owner did not want to admit to knowingly allowing someone without a license to drive it, and did not want to be connected to the contraband inside it.

At some point you will have an attorney who can review all the details and sort things out for you. At a minimum you are likely on the hook for driving while suspended and for possession of the pipe.

 

[Highwayman]

If the car was impounded/towed then the search was perfectly legal.

Get an attorney and SHUT UP until you speak to said attorney.

 

[zddoodah]

In any future posts, please make an effort to use something that resembles proper punctuation and sentence structure. Doing so will make it easier for others to read and understand what you write.

they searched the car without a warrant or permission

Since you were under arrest, neither a warrant nor permission were needed for the search.

they found a pipe that wasn't mine

It's amazing how many folks are driving around in cars that have other people's drugs and/or paraphernalia in them.

I borrowed the car from a friend and now they're saying that I stole the car

Who are "they"? Does "they" refer to your friend from whom you claim to have borrowed the car? Or does "they" refer to the police? If it refers to your friend, why do you think your friend is claiming that you stole his/her car when you claim that you borrowed it? Did you "borrow" it without asking for permission? If "they" refers to the police, what is their basis for claiming that you stole the car?

how do I get out of this .

Depends on what "this" refers to.

You admitted (both to us and to the cop that pulled you over) that you committed the crime of driving on a suspended license, so there's likely not "getting out of" that. You're probably also screwed on the separate violation for driving without a seatbelt.

As far as the car, it depends on how you answer my questions above.

As far as the drug paraphernalia, you're probably going to need your "friend" to admit that the pipe is his/hers. How likely do you think that is?

Bottom line is that you need to retain the services of a criminal defense attorney.

 

[mightymoose]

If the car was impounded/towed then the search was perfectly legal.

Ah yes... It wasn't mentioned if the vehicle was actually towed or not, but I assume so. If the vehicle was not towed you may have a chance to suppress the pipe as the only reason for being in the vehicle is to inventory the contents before towing. It is a dumb mistake to make, but some officers do make it as they have what they want for the arrest and don't want the extra paperwork and don't want to wait for a tow truck.
For example, if the car was handed over to the registered owner without towing it away then the officer had no purpose to inventory the vehicle and discover the pipe.
Otherwise you would have to have a scenario in which the officer somehow went beyond the scope of an inventory to locate the contraband.... Removing seats or door panels, opening locked containers, etc.

 

[Not Guilty$]

Let's just hypothetically speak for a moment here.
1. If the friend gave you permission the drive the car that doesn't sound like theft.

2. Now if this person is saying you "stole" the car after they gave you permission to drive it, it could be because someones pipe was found in the car. The person could be panicking, and irrationally reacting to try and save themselves. There are many questions to ask to possibly strengthen your side of the story

1. Where they high when they GAVE you permission to drive the car
   
2. Mental health history of the person
3. Request a drug test if you have reasonable cause
4. Possible negligent entrustment of a motor vehicle if she knew your licence was suspended and that you don't wear seat-belts
5. Your relationship to that person can also be important (lovers, family, ex girlfriend, ETC)

3. Was the reason you were driving that night a serious emergency? Something so serious that you weren't able to think straight?

4. Did you take any new prescribed medication within X time period that could've clouted your judgement? Did you accidentally mix two medications that you're not supposed to that can cause serious side affects?

Please don't answer these questions here, they're just hypothetical questions. I'd contact a REAL attorney, if you don't have the money for an attorney, there are some legal aid programs that you might be eligible for based off your income.

 

[army judge]

how do I get out of this

You'll get out of this in about 18-24 months, give or take depending on your prior criminal history.

Genetic testing will reveal who used the "pipe".

As for permission to drive another person's vehicle, unless you have WRITTEN permission, the vehicle owner will ALWAYS be believed by the jury.

People in your position should always avail themselves of the right to remain silent and seek the services of an attorney or public defender.

The state must prove their charges.

You make their job easier if you start yapping.

The TDCJ "hostels" are horrible places.

They remind me of large pigpens or barns.

 

[Highwayman]

Let's just hypothetically speak for a moment here...

Let's NOT.

 

[justblue]

Let's NOT.

PxHx of Not Guilty is informative.