Drug Crimes, Substance Abuse DUI Charge and Injury By Police

[JayHenks]

In a nut shell, I was pulled over by a new officer in training for no reason other than I drive an older model work truck which is an eye sore In Eagle County, Colorado by a State Patrol Officer in training. I have a full description document with every detail of the incident.

My driving was perfect and I was driving within the legal speed limit. When the officer approached me he began making up reasons for pulling me over which weren't true like while I had the cruise control on he said that he saw me slam on my breaks almost causing an accident which never happened, etc.. Then, he asked for my registration and then gave it back and then asked for it a second time pretending that I never gave it to him in the first place, etc..

After he saw a sealed prescription of medical marijuana in my vehicle which was still sealed he then gave me a roadside sobriety test which I believe that I passed, but he claimed that I failed which isn't true. The video will show me performing the test perfectly.

After he arrested me for Driving Under Influence Of Drugs and put me in the back of the patrol car he put the handcuffs on deliberately too tight. I then passed out repeatedly from the pain until my hands went numb. The sensation in my left hand has not fully returned months after this injury.

I was not impaired in any way but I did have trace amounts of marijuana in my system because I have a prescription for it for sports injuries, pain and insomnia. I was not impaired, though. I hadn't drank any alcohol in nearly a week prior.

I did have a blood test taken that night but haven't received the results yet but will soon.

I'm 48 yea're old and currently have a perfect/clean driving record. My criminal history is very clean as well.

Can an officer pull me over for no reason then lie about the reasons and get away with it or do I have a defence for this? I know nothing about the law when it comes to how much medical patients and others are allowed to have in their system while driving but I was not impaired in any way. My driving and behavior was perfect. My preliminary hearing is tomorrow and I've never been through anything like this. Any advice would be greatly appreciated.

In a nut shell, I was pulled over by a new officer in training for no reason other than I drive an older model work truck which is an eye sore In Eagle County, Colorado by a State Patrol Officer in training. I have a full description document with every detail of the incident.

My driving was perfect and I was driving within the legal speed limit. When the officer approached me he began making up reasons for pulling me over which weren't true like while I had the cruise control on he said that he saw me slam on my breaks almost causing an accident which never happened, etc.. Then, he asked for my registration and then gave it back and then asked for it a second time pretending that I never gave it to him in the first place, etc..

After he saw a sealed prescription of medical marijuana in my vehicle which was still sealed he then gave me a roadside sobriety test which I believe that I passed, but he claimed that I failed which isn't true. The video will show me performing the test perfectly.

After he arrested me for Driving Under Influence Of Drugs and put me in the back of the patrol car he put the handcuffs on deliberately too tight. I then passed out repeatedly from the pain until my hands went numb. The sensation in my left hand has not fully returned months after this injury.

I was not impaired in any way but I did have trace amounts of marijuana in my system because I have a prescription for it for sports injuries, pain and insomnia. I was not impaired, though. I hadn't drank any alcohol in nearly a week prior.

I did have a blood test taken that night but haven't received the results yet but will soon.

I'm 48 yea're old and currently have a perfect/clean driving record. My criminal history is very clean as well.

Can an officer pull me over for no reason then lie about the reasons and get away with it or do I have a defence for this? I know nothing about the law when it comes to how much medical patients and others are allowed to have in their system while driving but I was not impaired in any way. My driving and behavior was perfect. My preliminary hearing is tomorrow and I've never been through anything like this. Any advice would be greatly appreciated.



























Please don't create new threads asking the same question!!!

Your friendly mod, AJ

 

[army judge]

You say the trooper said he pulled you over for one or two reasons that differ with your view.
That's what a trial will determine.
What the trooper said to you, might be different from what you hear in court.
We are a simple little legal discussion forum.
We aren't a court of law.
Even if I told you the trooper was 5,000,000,000,000% in the wrong, it would mean nothing.
So, all I can suggest to you is to have a detailed discussion with your attorney.
A DUI of any kind is a very serious charge.
A conviction on such a charge will impact your life and finances for years!!!!
You remain silent, don't offer an explanation, and heed to counsel of your attorney.
If you can't afford one, or need more time to hire one, simply ask for a 30 day continuance so that you can secure the services of a defense attorney.
If you believe you might qualify for a public defender, simply ask the court to appoint one.
Whatever you do tomorrow, don't say anything about your case, especially if you aren't represented by counsel.

 

[Michael Wechsler]

No, an officer of the law cannot pull you over for no reason and search your vehicle. There must be "probable cause" or some other effort in place, such as a standard sobriety checkpoint. That said, army judge makes the important point that DUI offense is a serious charge. From what you tell us, it seems clear that you should be able to tell the truth, have the video shown and walk out of court with the rookie police officer looking foolish. But nobody knows what you will face in court. I'm really sorry for you if indeed this is the case that the officer seeing your medical marijuana may have come to certain conclusions. But you'll probably want to deal with this issue one step at a time - which means first hiring an experienced attorney to defend yourself and then consider taking other action if it's clear that this was the result of complete incompetence. As army judge states, you're better off with a public defender than trying to defend yourself in court where you have absolutely no experience (thankfully!) Good luck.

 

[CdwJava]

In a nut shell, I was pulled over by a new officer in training for no reason other than I drive an older model work truck which is an eye sore In Eagle County, Colorado by a State Patrol Officer in training. I have a full description document with every detail of the incident.

Sooo ... the officer actually wrote in his report that he pulled you over for NO REASON. Or, he says he pulled you over because you were driving an older truck. If he did this, then you should be able to prevail easily and get the entire stop tossed. However, I strongly suspect that the officer has another reason as to why he pulled you over and it is NOT solely because that you were driving an older truck.

My driving was perfect and I was driving within the legal speed limit.

Of course it was ...

After he saw a sealed prescription of medical marijuana in my vehicle which was still sealed he then gave me a roadside sobriety test which I believe that I passed, but he claimed that I failed which isn't true. The video will show me performing the test perfectly.

Okay. But, you might want to review the video with your attorney before you leap to that conclusion. I doubt you know what clues the officer is trained to look for ... a hint, it's not whether you're sloppy impaired and staggering all over.

After he arrested me for Driving Under Influence Of Drugs and put me in the back of the patrol car he put the handcuffs on deliberately too tight. I then passed out repeatedly from the pain until my hands went numb. The sensation in my left hand has not fully returned months after this injury.

You "passed out" because of the pain? Okaaaay ... I have been at this for a quarter century and have never heard of such a thing. But, okay ... is there a record of you asking for medical assistance with the officer? At the jail when you were booked? A medical record from a doctor afterwards chronicling the nerve or other damage and indicating that it was the result of the handcuffs? No medical evidence will mean a difficult claim.

And, any claim for damages is separate from your criminal case.

I was not impaired in any way but I did have trace amounts of marijuana in my system because I have a prescription for it for sports injuries, pain and insomnia. I was not impaired, though. I hadn't drank any alcohol in nearly a week prior.

How recently had you smoked it before you drove?

And what was the concentration of metabolites? Do you know, yet?

I did have a blood test taken that night but haven't received the results yet but will soon.

I guess that answers that question. Let us know if you could.

Can an officer pull me over for no reason then lie about the reasons and get away with it or do I have a defence for this?

For NO reason? No. But, I doubt that the officer will say he did this for NO reason.

I know nothing about the law when it comes to how much medical patients and others are allowed to have in their system while driving but I was not impaired in any way. My driving and behavior was perfect. My preliminary hearing is tomorrow and I've never been through anything like this. Any advice would be greatly appreciated.

If you cannot afford legal counsel on your own, request appointed counsel This is not a do-it-yourself affair.

 

[Michael Wechsler]

Okay. But, you might want to review the video with your attorney before you leap to that conclusion. I doubt you know what clues the officer is trained to look for ... a hint, it's not whether you're sloppy impaired and staggering all over.

I didn't want to ask, but here is what I noticed:

"After he saw a sealed prescription of medical marijuana in my vehicle which was still sealed he then gave me a roadside sobriety test which I believe that I passed, but he claimed that I failed which isn't true. The video will show me performing the test perfectly."

One one end he believes he passed and in the next sentence he knows he passed. To the original poster - this is not a good sign. CdwJava is quite experienced and gave you a good reason to be more concerned than I did and only said that you should probably speak to an attorney because this is not something you can handle yourself. My guess is that the officer probably has a number of notes regarding his observations that perhaps you may not recall, remember or know about. While your story is certainly possible, one does have to wonder why a police officer would simply choose to arrest you and potentially subject his job performance to scrutiny. If there is any small issue that you might not have told us, expect it to appear in court.

Here's a funny coincidence. I just had surgery as a result of sports injuries. I joked with my surgeon about a prescription for medical marijuana and he laughed at me. It's not legal in this state but I don't think that he would take the joke seriously even if marijuana was legalized. I'm guessing that the mixture of acetaminophen and other painkiller is probably a more direct approach to pain management. I'd expect the prosecutor to be vigilant about inquiring as to pain management protocols using your prescription. There is no way I would even consider defending a DUI for suspicion of being under the influence of marijuana without a criminal attorney.

 

[army judge]

In a nut shell, I was pulled over by a new officer in training for no reason other than I drive an older model work truck which is an eye sore In Eagle County, Colorado by a State Patrol Officer in training. I have a full description document with every detail of the incident.

My driving was perfect and I was driving within the legal speed limit. When the officer approached me he began making up reasons for pulling me over which weren't true like while I had the cruise control on he said that he saw me slam on my breaks almost causing an accident which never happened, etc.. Then, he asked for my registration and then gave it back and then asked for it a second time pretending that I never gave it to him in the first place, etc..

After he saw a sealed prescription of medical marijuana in my vehicle which was still sealed he then gave me a roadside sobriety test which I believe that I passed, but he claimed that I failed which isn't true. The video will show me performing the test perfectly.

After he arrested me for Driving Under Influence Of Drugs and put me in the back of the patrol car he put the handcuffs on deliberately too tight. I then passed out repeatedly from the pain until my hands went numb. The sensation in my left hand has not fully returned months after this injury.

I was not impaired in any way but I did have trace amounts of marijuana in my system because I have a prescription for it for sports injuries, pain and insomnia. I was not impaired, though. I hadn't drank any alcohol in nearly a week prior.

I did have a blood test taken that night but haven't received the results yet but will soon.

I'm 48 yea're old and currently have a perfect/clean driving record. My criminal history is very clean as well.

Can an officer pull me over for no reason then lie about the reasons and get away with it or do I have a defence for this? I know nothing about the law when it comes to how much medical patients and others are allowed to have in their system while driving but I was not impaired in any way. My driving and behavior was perfect. My preliminary hearing is tomorrow and I've never been through anything like this. Any advice would be greatly appreciated.

In a nut shell, I was pulled over by a new officer in training for no reason other than I drive an older model work truck which is an eye sore In Eagle County, Colorado by a State Patrol Officer in training. I have a full description document with every detail of the incident.

My driving was perfect and I was driving within the legal speed limit. When the officer approached me he began making up reasons for pulling me over which weren't true like while I had the cruise control on he said that he saw me slam on my breaks almost causing an accident which never happened, etc.. Then, he asked for my registration and then gave it back and then asked for it a second time pretending that I never gave it to him in the first place, etc..

After he saw a sealed prescription of medical marijuana in my vehicle which was still sealed he then gave me a roadside sobriety test which I believe that I passed, but he claimed that I failed which isn't true. The video will show me performing the test perfectly.

After he arrested me for Driving Under Influence Of Drugs and put me in the back of the patrol car he put the handcuffs on deliberately too tight. I then passed out repeatedly from the pain until my hands went numb. The sensation in my left hand has not fully returned months after this injury.

I was not impaired in any way but I did have trace amounts of marijuana in my system because I have a prescription for it for sports injuries, pain and insomnia. I was not impaired, though. I hadn't drank any alcohol in nearly a week prior.

I did have a blood test taken that night but haven't received the results yet but will soon.

I'm 48 yea're old and currently have a perfect/clean driving record. My criminal history is very clean as well.

Can an officer pull me over for no reason then lie about the reasons and get away with it or do I have a defence for this? I know nothing about the law when it comes to how much medical patients and others are allowed to have in their system while driving but I was not impaired in any way. My driving and behavior was perfect. My preliminary hearing is tomorrow and I've never been through anything like this. Any advice would be greatly appreciated.



























Please don't create new threads asking the same question!!!

Your friendly mod, AJ

Hey, thought you had court today, buddy?

Anyway, you need a lawyer, not a message board!!!