DUI Marijuana
Submitted by Working Man on Tue, 05/19/2009 - 23:11
Tagged:
I was arrested in Forsyth County Georgia for DUI Marijuana recently, no possession, no alcohol. I cannot find a case anywhere online that will help me foresee how Forsyth County will penalize me. Any feedback greatly appreciated!!!!
FRIDAY
8:00 am: Woke up and got ready for work.
9:30 am: I arrived at work early and proceeded to get myself ahead of the work day by replying to emails and processing weekly reports and files.
5:00 pm: I leave work and head home.
5:15 pm: I'm at home getting ready for a date with my girlfriend. (*Earlier in the week my girlfriend and I made plans to go out Friday night to celebrate the fact that she had found a job after being unemployed for approximately 1 month. We agreed that I would take her out Friday night to the place of her choosing. She chose Applebee's because it was very close to both of our residences.)
6:30 pm: My girlfriend texted me advising she was running late.
6:45 pm: I leave my house and start driving to Applebee's in Johns Creek.
6:55 pm: I arrived at Applebee's and waited for my girlfriend to arrive.
7:05 pm: My girlfriend arrives and we sit at the bar and start talking. We ordered Long Island Ice Teas and Chips and Salsa and 2 waters.
8:45 pm: I ask thebartender for the check, ready to leave Applebee's, after 3 Long Island Iced Teas and one glass of water each, and the Chips n Salsa. Total number of Long Island Ice Teas paid for were 6. We each had 3 LIITs and a glass of water.
8:58 pm: Bartender closes the check and my girlfriend and I walk out of Applebee's. We decide to go for a walk around the shopping center where the Applebee's is located. We talked about our relationship while walking.
9:30 pm: We decide to go back to my place and watch tv together and not make the evening an expensive evening. We decided to leave her car at Applebee's and I drove us both to my house located approximately 2 miles from where I live. She's 24 and a very light drinker so the drinks hit her hard. I'm 34 and have a high tolerance for alcohol so obviously I wasn't going to let her drive.
9:40 pm: We are at my apartment.
11:00 pm:I get a call from a good buddy of mine I had not seen in a long time asking me if I would be interested in stopping by his house to say hi. We agreed to meet at his house. By this time my girlfriend was asleep in my couch and I had been flipping channels and wide awake. I asked her if she wanted to go see my friend and she declined, she said (mostly asleep) she will just stay and wait for me to come back but to not take too long. We had already made plans to get her car from Applebee's the next morning.
11:20 pm: I'm at my buddy's house. He was alone and watching James Bond Diamonds Are Forever. We are both movie buffs so we talked about it. During this conversation we smoked a joint.
11:45 pm: Paranoia sets in and I get worried about my girlfriend and how late it is. My buddy understood it was late and we agreed to meet up some other time. The visit was short but worth it because we hadn't seen each other in a while. Also, because I don't know alot of other movie buffs like myself and he is one.
11:45 pm: I drive down a one lane highway heading towards home. There is a stretch of road on this certain highway has no lamp posts, it was very dark. I put on my highbeams during this stretch of road to get better visibility of the road up ahead. There was barely any traffic on my way to and on my way back from my buddy's house. Paranoia was not as intense by now (thanks to the music I was listening to) but I had my highbeams on for less than half a mile for precaution and to foresee the dark road up ahead. This is the logic I was using at the time. I was driving under the speed limit. During the time my highbeams were on, less than a mile at 30 miles an hour, 3 vehicles passed me going the opposite direction on that same dark winding stretch of highway. One of the vehicles was a cop. After the long stretch of dark road I turn my highbeams off and continue to head home thinking nothing of the highbeams, the 3 cars, just driving safely. Moments later the cop pulls me over. I immediately pull over into an apartment complex' entrance. Officer approaches the car and asks me why did I have my highbeams on? I explained to him the reason: there's a dark patch of road so I turned them on for better visibility and then turned them off. He stated he was one of the 3 vehicles I passed with the beams on and that is "not ok". He asked me to step outside the vehicle and asked me questions. I asked him if the highbeams were that serious of an offense. He said he pulled me out of the car because he smelled alcohol in my breath. He then proceeded to do the "keep your eye on the pen" field sobriety test. I agreed and to my knowledge I passed the test even though he didn't say I passed or not. This is the only test he gave me. While he was giving me the pen test he stepped back and began sneezing heavily, maybe 4 or five sneezes. I stepped back and said: "I hope you don't have the Swine Flu, no pun intended Officer." He ignored the comment and then asked me more questions about my evening and told him I was just coming back from my friend's house. He asked why my eyes were bloodshot and I advised him I didn't know (If I recall correctly, I may have been freaking out and may have admitted to being in a room where there was pot being smoked). He then asked me if I would be willing to take a blood test and I said yes, only if he found it necessary. He asked me if I would find anything incriminating in my blood and I then told him that maybe just a small amount of marijuana. He asked me if I had any marijuana in the vehicle and I told him I did not. I believe at this time he had already placed handcuffs on me and searched my body and pulled everything out of my pockets. I don't recall him reading me any Miranda rights, but I do recall asking him if this was all being recorded and he said yes. Everything was being recorded. I asked him if I had access to the entire arrest and he said Yes, with an attorney or if I represented myself in court. From the back seat of the police car I see the cop searching my vehicle thoroughly. In my vehicle I had some CDs and other random items from work, like papers, pens...etc. Nothing illegal nor incriminating. My only concern at this point was the fact that my girlfriend was at my house without a ride back to her car. Which she ended up walking 2 miles the next morning to get to Applebee's.
SATURDAY
00:07 am: Ticket written up for "Failure to Dim Headlights"
00:15 am: Ticket written up for "DUI - Drugs (Marijuana)" We then wait for the Tow Truck to come get my car.
1:10 am: We arrive at Northside Hospital Forsyth and have blood samples drawn out of me.
1:30 am: By now I have lost track of time and arrived at Forsyth County Detention Center. It may have been later than 1:30 am.
12:00 pm noon: My girlfriend arrives to pick me up. We start working on getting my car back.
This is my story. All I can find online are Alcohol DUIs and Possession offenses...nothing close to my case where there was no possession, no wreckless driving, no alcohol, no endangerment. Will I lose my license? Will I do jail time? I have no problem doing community hours, paying fines, taking classes, or keeping in touch with a probation officer and taking blood/urine tests frequently because I'm not a habitual user. I've contacted an attorney and am currently putting together my Letter of Appeal that has to be turned in within 10 days of the DUI to appeal the license suspension.
Anyways.... again.... any feedback or past experiences will be very welcome.
Working Man







Comments
FYI - I do hate laywers
more proof COPS SUCK
Next, time keep your mouth
Amen on your mouth shut
Three things: 1.) Police
Rights???? we have no rights
Anyone arrested 5 times does
I can only hope that
So you got arrested just