Alcohol & Drugs: DUI, DWI DUI car search

[koolkeith311]

I got a DUI and they searched my car and found paraphernalia and marijuana. If I beat the DUI charge will these other charges get dropped because they will be without probable cause or the search will be seen as illegal?

 

[Scooterdog]

I got a DUI and they searched my car and found paraphernalia and marijuana. If I beat the DUI charge will these other charges get dropped because they will be without probable cause or the search will be seen as illegal?

Perhaps. If you gave them permision to search, that's going to make a better argument for the state.

I like how you are thinking! They probably will not "drop" the charges. BUT, thats cool, as you will move the court to throw out all that tainted evidence, and then they will have no case to persue. Keep thinking, when you think you win.

 

[koolkeith311]

No, I never gave permission to the officer to search it. The search was done due to my car getting towed to the impound. I guess the officer is supposed to do a check of items in your car to make sure nothing is stolen or broken at the time it is towed, which is when he found the grass and pipe.

 

[Scooterdog]

Ya, an inventory search. The problem is, before they can legaly take your car, they have to have a hearing. Sure, they never do, but just how many people knew they needed to have a hearing first? Not to many.

Your case is a perfect example of how screwed up our system really is. Your "crimes" are Malum Prohibitum. No victim, no evil intent, aka=BS. A "tax" if you will, for things that you have a RIGHT to do. (Excluding the dui). It all boils down to con-trol.

How are you comming along with the dui charge?

 

[lwpat]

If they tow your car, they can search it as long as they had probable cause for the arrest. Get an attorney and cut a deal.

 

[koolkeith311]

The DUI case isn't til early April, and I'm feeling I have a pretty good chance of beating it. I sucessfully completed my sobriety tests that night, except he said I was slurring my speech, which you know could be grade A bullshit. They didn't take the breath test til 2 hours after pulling me over because the detention center they took me to was out of paper, so my lawyer is checking the breath test records of the facility to see if this is factual or if they just made me wait on purpose to get a higher reading. Plus I didn't know this affected the breath test but that day I was helping my buddy with his artwork, so some of the chemicals in the paint, thinners, cleaners and finishes could have also given me a higher test then I would have blown. Plus other procedures that the cop messed up on, so I think its looking pretty good.

The Problem is the possession and paraphernalia possession misdemeanors are before the DUI court case, so I guess I'll ask for a continuance til after the DUI case.

 

[Scooterdog]

You have no other choice, as you must beat the DUI first. If you can do that, then that search wasn't legal. No drugs=no case.

It's nice to know you took the time to look into it, rather than act like most of the sheeple and just pay it, asking no questions.

Good for you! I hope you get two wins on this one.

 

[Green_Hornet]

The police do not need a warrant when there is probable cause to search the car.