Alcohol & Drugs: DUI, DWI Unfair DWI VOP Imminent

[givingup]

I'm sure a lot of people claim the system screwed them, but this takes the cake. I am a 22 year old male; I have major depression, chronic insomnia, and anxiety attacks. I do not take pill medication at all, and over the last three years I have illegally used marijuana to self-treat my problems.

I plead guilty to a charge of DWI in Maryland. I was arrested in 2007 after drinking on a friend's property. I became drunk and requested another, sober, friend to take me home. While I was riding in his van out the driveway (sitting in the rear seat), a state police officer stopped us, pulled me out of the vehicle and charged me with various DWI charges- his reasoning being that I was drunk and my car was parked there so I must have been drinking and driving. Against my and the property owner's wishes, my car was towed. I fought all the way to jury trial, then pled out because my lawyer was concerned with my case being so close to a notable drunk-driving manslaughter in the news. I was sentenced to two years probation, and an 8-month DWI class.

I opted to use a breathalyzer in my car, and near the end of the MVA probation, the unit malfunctioned and recorded a large number of abort codes. The unit was replaced shortly, but the MVA said I had violated my probation agreement with them and my license was suspended. Once again I waited months, and have now regained my license.

During my probation I failed three urinalysis tests, positive only for THC. At the first, I was issued a warning by the judge but the next two were ignored. I was switched from monthly reporting to weekly reporting. I had no car, no phone, and I was broke from paying others to drive me to and from work daily. I missed six appointments, 2 due to sickness, 3 due to the fact I had no transportation, and one I did report, but my officer was unavailable and I neglected to sign the log.

My probation ended January 4th, 2010, and yesterday I received a summons for VOP because of the missed report dates. My failed urine tests were not mentioned in either the letter or the newest court records. If someone could help me answer my questions I would be so grateful:

1.) Will a doctor/psychiatrist in Maryland write me a marijuana recommendation as is allowed by law, or will I just get turned away as a "pothead"?
2.) Is the above explanation enough to influence my upcoming trial in my favor?
3.) Do I NEED representation?
4.) Will there be legal repercussions due to the failed urine tests?

 

[givingup]

Also...

Sorry to double post.

I was also wondering how come I am not allowed to own or be around firearms while on probabtion. I have no violent charges at all, and I was completely co-operative during the arrest. The DWI was my first criminal charge. I already own a firearm; what do you do about that?

 

[army judge]

If you try to use those excuses to relieve yourself of potential criminal liability, you'll lose. From what you described, you'll no doubt be revoked, anyway.

The illegal drugs and alcohol are destroying YOUR life. You need professional help, but first have to admit that YOU have a BIG problem.

You can claim an addiction to drugs and ask for help.

That is about all there is as far as a defense.

Ask for a court appointed lawyer, if you can't afford one.

If you can afford your own lawyer, hire one!

This isn't going away, but you sure as heck are in legal jeopardy.

Stop using pot, it isn't helping you.

Accept responsiblity for what YOU pled guilty to and ask the court for help.

Get into a drug rehab program, grow up, show some maturity and initiative.

The firearm was not allowed under the terms of YOUR probation.

That is the least of your worries now.

You could potentially LOSE your freedom.


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[bluemann33]

I'm sure a lot of people claim the system screwed them, but this takes the cake. I am a 22 year old male; I have major depression, chronic insomnia, and anxiety attacks. I do not take pill medication at all, and over the last three years I have illegally used marijuana to self-treat my problems.

I plead guilty to a charge of DWI in Maryland. I was arrested in 2007 after drinking on a friend's property. I became drunk and requested another, sober, friend to take me home. While I was riding in his van out the driveway (sitting in the rear seat), a state police officer stopped us, pulled me out of the vehicle and charged me with various DWI charges- his reasoning being that I was drunk and my car was parked there so I must have been drinking and driving. Against my and the property owner's wishes, my car was towed. I fought all the way to jury trial, then pled out because my lawyer was concerned with my case being so close to a notable drunk-driving manslaughter in the news. I was sentenced to two years probation, and an 8-month DWI class.

I opted to use a breathalyzer in my car, and near the end of the MVA probation, the unit malfunctioned and recorded a large number of abort codes. The unit was replaced shortly, but the MVA said I had violated my probation agreement with them and my license was suspended. Once again I waited months, and have now regained my license.

During my probation I failed three urinalysis tests, positive only for THC. At the first, I was issued a warning by the judge but the next two were ignored. I was switched from monthly reporting to weekly reporting. I had no car, no phone, and I was broke from paying others to drive me to and from work daily. I missed six appointments, 2 due to sickness, 3 due to the fact I had no transportation, and one I did report, but my officer was unavailable and I neglected to sign the log.

My probation ended January 4th, 2010, and yesterday I received a summons for VOP because of the missed report dates. My failed urine tests were not mentioned in either the letter or the newest court records. If someone could help me answer my questions I would be so grateful:

1.) Will a doctor/psychiatrist in Maryland write me a marijuana recommendation as is allowed by law, or will I just get turned away as a "pothead"?
2.) Is the above explanation enough to influence my upcoming trial in my favor?
3.) Do I NEED representation?
4.) Will there be legal repercussions due to the failed urine tests?

not trying to be a smart a** but how does this "take the cake"? You are very lucky you were not revoked a long time ago. Dont get me wrong I am not saying you do not have problems but you are luckier than most when it comes to not being revoked along time ago.

 

[sexysadie]

The "good herb" is maintaining the depression, anxiety, and possibly the insomnia. Not treating it. Good luck.

 

[givingup]

Thanks for the blast.

If you try to use those excuses to relieve yourself of potential criminal liability, you'll lose. From what you described, you'll no doubt be revoked, anyway.
The illegal drugs and alcohol are destroying YOUR life. You need professional help, but first have to admit that YOU have a BIG problem.

I agree. I know I have a problem; that's why I posted here- in hopes that I would get some judgment-free good advice. Huh.

You can claim an addiction to drugs and ask for help.
That is about all there is as far as a defense.

Wow I guess that sucks because I'm not addicted to any illegal drugs; so now I have no way to defend myself?

This isn't going away, but you sure as heck are in legal jeopardy.
Stop using pot, it isn't helping you.
Accept responsiblity for what YOU pled guilty to and ask the court for help.
Get into a drug rehab program, grow up, show some maturity and initiative.

WOW I thought I would just be able to tell them all this and they'd hand me a "not guilty"; are you for real? I don't smoke weed anymore as of a month-and-a-half ago and counting. I went through "withdrawal" and even now though I don't crave it anymore, I still get attacks, only now more frequent, and every night I have problems getting to sleep- if I do at all. And I'm no psychiatrist, but I believe my depression stems from my government job which exposes me to child-pornography and other "undesirables." I made an appointment, but the nearest I could find is two months away. I AM trying to fix this maturely, and I don't think comments that only hurt my confidence and aren't even true will help. Normal lawyers don't act like this when I talk to them. You're acting like a conservative activist, not a professional lawyer.

The firearm was not allowed under the terms of YOUR probation.
That is the least of your worries now.
You could potentially LOSE your freedom.

My freedom is my TOP priority; I was simply wondering why the system is allowed to ban firearms from a non-violent first time offender. Just law curiosity, but apparently I can't have that here. Maybe it's because they know how much they f*** with people and are scared that someone will come in shooting- and that actually sounds like a good reason.

I guess I need to figure this out myself again. I suppose I just try to hire an attorney, of course continue to not smoke, see a doctor and a psychiatrist, and get a good letter from my job.

 

[givingup]

not trying to be a smart a** but how does this "take the cake"? You are very lucky you were not revoked a long time ago. Dont get me wrong I am not saying you do not have problems but you are luckier than most when it comes to not being revoked along time ago.

I agree about the stupid mistakes I made while on probabtion; the "takes the cake" comment was referring to me getting a DWI when I wasn't driving and me doing my MVA probabtion twice.

 

[givingup]

The "good herb" is maintaining the depression, anxiety, and possibly the insomnia. Not treating it. Good luck.

I initially thought that too. But I have quit smoking on three sepearte occasions, all for months at a time. Of course withdrawal is going to suck, but after its over my psychological issues only get worse and worse. I suppose Army Judge and others would recommend me going on some depression medication, but I know I'd rather be high then have some new crazy personality- not mention those pills do more damage in the long run. No thank you. I'd rather just be depressed and suicidal for the rest of my life.

Your reply was actually the most non-judgemental and helpful; thank you. Being that it was only a sentence long I'm not sure what that says about this forum.

 

[army judge]

I agree. I know I have a problem; that's why I posted here- in hopes that I would get some judgment-free good advice. Huh.

You can claim an addiction to drugs and ask for help.
That is about all there is as far as a defense.

Wow I guess that sucks because I'm not addicted to any illegal drugs; so now I have no way to defend myself?

This isn't going away, but you sure as heck are in legal jeopardy.
Stop using pot, it isn't helping you.
Accept responsiblity for what YOU pled gui

WOW I thought I would just be able to tell them all this and they'd hand me a "not guilty"; are you for real? I don't smoke weed anymore as of a month-and-a-half ago and counting. I went through "withdrawal” and even now though I don’t crave it anymore, I still get attacks, only now more frequent, and every night I have problems getting to sleep- if I do at all. And I’m no psychiatrist, but I believe my depression stems from my government job which exposes me to child-pornography and other “undesirables.” I made an appointment, but the nearest I could find is two months away. I AM trying to fix this maturely, and I don’t think comments that only hurt my confidence and aren’t even true will help. Normal lawyers don’t act like this when I talk to them. You’re acting like a conservative activist, not a professional lawyer.

The firearm was not allowed under the terms of YOUR probation.
That is the least of your worries now.
You could potentially LOSE your freedom.

My freedom is my TOP priority; I was simply wondering why the system is allowed to ban firearms from a non-violent first time offender. Just law curiosity, but apparently I can’t have that here. Maybe it’s because they know how much they f*** with people and are scared that someone will come in shooting- and that actually sounds like a good reason.

Good luck, you're going to need some.



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[givingup]

Unfortunetly I dont think any good luck is going to help me. I'm starting to realize any arguement I make is probably going to be futile. Everyone else I see who gets off manipulates the system in some way so maybe I'll just give that a try. I have some good connections with two judges and other people; so I guess I'll just give them a call.

"It's doesn't matter if you're guilty or innocent, or even what you did. It's who you know, and how much money you have."

Maybe I should have been a lawyer. I'd probably be a scumbag counsel, but I'd bet I could win some cases. Thanks alot.

 

[army judge]

Unfortunetly I dont think any good luck is going to help me. I'm starting to realize any arguement I make is probably going to be futile. Everyone else I see who gets off manipulates the system in some way so maybe I'll just give that a try. I have some good connections with two judges and other people; so I guess I'll just give them a call.

"It's doesn't matter if you're guilty or innocent, or even what you did. It's who you know, and how much money you have."

Maybe I should have been a lawyer. I'd probably be a scumbag counsel, but I'd bet I could win some cases. Thanks alot.

I'd rather be, to use your characterization "a scumbag counsel" , than a criminal defendant.

It must be terrible to have all these horrible things happen to you.

As I said, continued good luck to you.

Who knows, maybe you'll find a four leaf clover, a genie in a bottle, and a leprechaun?

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[givingup]

Oh I would definitely agree with you there; as the criminal defendant I can tell you it really sucks. Especially when you start to realize that once you are falsely charged, it doesn't matter- you still have to deal with the consequences. It's takes a real man to be able to swallow that, and then accept the punishment anyways. I appreciate your smpathy, though if that's what I wanted I could just talk to someone at the ACLU.

I was looking into this thing where a ladybug has eight spots or something... I was thinking if I could find one and take it with me, I wouldn't even need a lawyer.

 

[JustWantJustice]

I agree that the other person was being especially rough on you.

I also agree with you that using marijuana has helped you with depression more than Big Corrupt Pharma's drugs has. The problem is that it's not legal in most places, and it sounds as though you are living in one of those areas. And that you failed the urine test.

You're really in a bind. It's a damned shame that you had such a lazy jerk for an attorney for the original charge. I mean, that's got to be a no-brainer: sitting in back seat of car, waiting for a designated driver to drive you home? That's not DUI and I find it really difficult to see how you would have been convicted. Unfortunately, DUI attorneys see what they do as a business, and they don't really care if you're convicted. It's a cottage industry, very sleazy. You got screwed the first time, yes.

But you've now got all this other stuff, and you're managing to shoot yourself in the foot over and over again. You just cannot take probation lightly, missing appointment, not concerning yourself with the required drug testing.

I don't know what is going to help you with this now. I'm sorry that the original thing happened at all. Good luck and try to keep your chin up. This will end one day, just when is the question.