Drug Crimes, Substance Abuse Marijuana possession 1 offense and Paraphernalia

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koolkeith311

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I hope I'm not breaking forum rules but I couldn't find out how to edit my original post or totally remove it from the boards. Anyway, I have information I didn't present in the first post that may or may not have some relevance to my case. I got pulled over for speeding, which then turned into a DUI. While in the back of the squad car the officer found less than a gram of Marijuana in my vehicle as well as a waterpipe which I informed him was there. I get taken back to Loudon ADC and there is no paper for the breathalyzer machine, so the officer then takes me to Leesburg Police station and another officer administered the breathalyzer, in which I blew a .12. The Actual breathalyzer test was taken 2 to 2 1/2 hours after I was put in the squad car initially. The arresting officer administered field sobriety tests which I'm pretty sure I passed and then I can't recall if he gave me a breath test at the site of the arrest, I remember him telling me I was slurring my speech, then i remember being put in the back of the squad car.

Back to the Marijuana, once i got back to Loudon ADC i was put in front of the magistrate for the paraphernalia and possession charges. After that another officer I guess who is in charge of switching your clothes to the Detention Center clothes, searched my pocket of my jeans and found a bag of marijuana (less than a gram), the original arresting officer said "he's already been charged with possession". I never went in front of the magistrate for the second found bag.

Here are my questions:

can this second bag be held against me if I was never put back in front of the magistrate for it?

What can I expect as far as punishment or fines pertaining to the paraphernalia (water pipe)?

Finally, is there a good chance of getting off from the DUI charge since the actual test was taken 2 to 2 1/2 hours after I had been but in the squad car initially?

Also, the paraphernalia and possession charges are on the same court date, is it wise to get a continuance on the possession charge and maybe get it on a seperate court date from the paraphernalia charge?

This happened in Loudon County, Virginia.

I do have a clean criminal record, before all this happened.

Again any information is greatly appreciated.
 
Q: can this second bag be held against me if I was never put back in front of the magistrate for it?

A: This is a separate charge; I don't know if the prosecutor will charge you with that one.


Q: What can I expect as far as punishment or fines pertaining to the paraphernalia (water pipe)?

A: What statute number are you charged under?



Q: Finally, is there a good chance of getting off from the DUI charge since the actual test was taken 2 to 2 1/2 hours after I had been but in the squad car initially?

A: Some states require a breath test within a certain time (e.g., one hour) after arrest; I don't know what your state requires. Ask your lawyer.


Q: Also, the paraphernalia and possession charges are on the same court date, is it wise to get a continuance on the possession charge and maybe get it on a seperate court date from the paraphernalia charge?

A: I doubt that the court wants to split all this up; since it arise from the same transaction, you probably can get it split up.
 
thanks for your information about the charges, I really appreciate it. The Statute for the paraphernalia charge is:
54.1-3466
 
After months and months of drawing these 3 cases out, I am happy to say All 3 charges have ended in my favor. The prosecution didn't want to spend the time or money for the water pipe or the marijuana, which we found out later was only residue. As far as the first DUI charge, my lawyer was trying to get the makers of the breathalyzer machine to show in court which they never did. Earlier the same day I got pulled over I was airbrushing with a friend of mine in an enclosed space, which turned out to help me greatly. The prosecution had found out my lawyers game plan by using the compounds in the paints and thinners which would match the compounds in an alcoholic beverage, it would throw the reading of the breathalyzer out of whack. So what the prosecution decided to do was go merely on the sobriety tests, and since the officer didn't bring his notebook to court, only had a field report with some details the case was striked or I was found Not Guilty.
 
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