Alcohol & Drugs: MIP, MIC, Intoxication female trucker charged with possession

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clevakennedy

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It was my first week on the job, with a trucking company out of Arkansas that runs their trucks under team operation. (two drivers to a truck) We were returning from California with a load going to New York state. I had been woke up by my co-driver in Oklahoma about 20 miles from Arkansas state line requesting I take over driving. We changed places and he retired to passenger seat. When I got to the Arkansas truck scale station I got the pull around and park signal as i pulled up on the scale to be weighed.
Since my co-driver was in the passenger seat, he under d.o.t regs was still on duty not driving, so when i parked I instructed him to take truck registration and permits along with bill of lading for the load into the scale house, and i was going to catch up my log book. (we changed drivers without stopping, and i had been asleep prior to us changing drivers, so my log book wasnt current)
He did, and within minutes, a D.O.T. officer without knocking on passenger door, opened the door and climbed on board. (He leagally was to approach from driverside and request permission to board a commercial vechile) The officer rudley stated he didnt want to talk to my co-driver he wanted the driver on duty. Under the guidelines we were both on duty at that time, but the officer didnt want to hear that. He requested my licence and told me to come with him. I did. When we entered the scale house office two other officers were inside with my co-driver. The one who came out and got me presented us with a form to sign to search the vechile. we both signed, didnt have a reason not to. I asked what this was all about, because in my 15 year carreer as a truck driver this was the first time I had ever been pulled around, that the d.o.t. did not look at the bill of lading, truck paper work, inspect truck or load or both. This officer did none of the above nor was he interested in our log books to see if we were current.
The officer had my co-driver remain with the other officers inside and we went out to the truck where he entered into the vechile and started searching my personal effects. He was rude, and broke several items of makeup while going through one of my cabinets in the bunk, when i tried to say something to him he told me to sit and shut my damn mouth...I at that time requested he take me back inside, I wasnt going to be spoken to in such a manner, nor continue to watch him tear my personal effects up. He walked me back inside and returned to his search alone. When he came back into the office he was carrying in hand a small black zipper book. He held it up and said "I bet you reconize this don't you", I asked to see the book, and he told me to answer his questain. I replied that there were several of those books out there and if he wanted me to identfy I would have to see the inside of he. He refused and said you know that this is yours, and I found this inside of it. He then held up a small package in his hand and said this is yours isnt it. I asked what it was and he said you know what this is, don't act stupid. It's Meth and belongs to you. I denied it. He went to his station and completeted something on the computer, printed it out and told us to each sign the copy presented to us....upon reading the form I refused, because the paper stated i was found to be in possession of methamphetimine, paraphanila, and a radar detector. (The radar detecter belonged to my co-driver). What the officer found wasnt found on my person, and didnt belong to me, nor did the radar dectector. He got angry, grabbed my arm, spun me around and SLAPPED cuffs on my wrists..tightly. Then stated "I'm not gonna play your game, I know this is yours and so do you, and your going to jail". We were both arrested under the same charges except co-driver wasnt charged with the radar detector. 2 felony charges and a misdemenor.
Is this legal, what the officer did? I know the substance he says he found wasnt mine, and I don't believer it was my co drivers either. But I had been informed, by my co-driver the last three drivers that had been hired and placed with him each were terminated within weeks of hire for failing D.o.t. drug screeens. He had been assigned to that truck for over a year and had gotten it after the truck had been released from impound for being seized in a drug bust the year before. This company was under scrutiny by Arkansas scale houses for this very reason. (I found all this out on the way out to California through conversations with co-driver)
Court date coming up, and the prosecuter has offered 3 years drug court or 120 days in detention facilty and 5 years probation.
I don't want a record for something I didnt do, and will loose my licence for 6 months if i am convicted or take a plea. No reputable company will hire me if i have a drug conviction. I have no crimminal history, and my driving record is spotless. Please could some one give me some advice....My 15 year carreer that I take such pride in is at risk, and I have no idea what to do. thanks
 
since there is so much at stake, you should get a good (!) lawyer immediately. It is worth the investment!

One question to be asked is what exactly was the scope of the officers' search? What exactly did you sign consent to?
 
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