How should i defend myself?

Question

I stopped at a stoplight and a police officer was on my right ,when the light turned green he pulled me over searched my car and gave me a field sobriety test, i passed all of them (3) and he still gave me a ticket for "DUI" I told him i don't drink so why am i getting a ticket for dui , he said "I smelled marijuana coming from your car at the light and i can smell it on you and your eyes are red" i asked why would i get a dui when i passed every test and i'm not impaired his response was "once you decided to smoke pot you became impaired" WTF, HOW DO I DEFEND MYSELF

MY girlfriend thinks i was stopped because i am 23 driving a 2007 hummer and i'm black, i don't know if it's that but i work 53 hours in four days for what i have. He also made a off handed remark about my hip hop music, he said"do you's play anything other than that jungle noise", i'm not thin skinned so i didn't feed but i'm starting to see a pattern as i write this.

MY girlfriend thinks i was stopped because i am 23 driving a 2007 hummer and i'm black, i don't know if it's that but i work 53 hours in four days for what i have. He also made a off handed remark about my hip hop music, he said"do you's play anything other than that jungle noise", i'm not thin skinned so i didn't feed but i'm starting to see a pattern as i write this.

I have asthma so if i smoked pot i would be committing suicide, thats why i don't smoke

Answer 1

You don't say where you live, or the exact charge, so it's hard to give you an accurate answer. But--under many state's laws, it is illegal to drive while under the influence of illegal drugs, even if your driving is technically perfect.

If the cop will be testifying that he believed you to be driving under the influence of marijuana, your defense would have to be along the lines of--I didn't smoke it, you didn't find it, you didn't see me do anything wrong while supposedly "under the influence", my eyes (if they were red at all) could be just tired, and your sense of smell is not enough to prove me guilty beyond a reasonable doubt.

Answer 2

DUI is not just for Alcohol.

You can get a DUI for Pot, Cocain, LSD,.. etc.

You can also get a DUI for takeing Cough Syrup before driving and for takeing certain Prescription meds too closely to Driving ( even though they are your prescription and you are not over useing).

Alot of people do not know about the Prescription meds and do not read about how a med they are useing should not be taken in such a length of time before driving.

There is no evidence, but the police officer will still win. It's hard to deal with such a basis since you obviously will not be in the same state when you go to court.

Answer 3

Contest the DUI. Get a lawyer. Bring a 18 USC 1983 action against the cop and the state.

Answer 4

The cop says that he smelled pot on you. You CAN take the stand in your own defense and say you hadn't smoked any, so long as it's true.

If you had smoked pot, then your defense is limited to just pleading not guilty. You can't lie in a court case, even in your own defense. If you do, that's perjury, which is a whole new crime.

Richard

Answer 5

If you just got the ticket, within the week, go to a clinic and get a blood test, this way you can prove that you did not have any intoxicating drugs in your blood stream.

peace

Answer 6

Did the Officer let you drive after he wrote the ticket if so he put other people in danger by letting you drive . I think he did wrong ,otherwise you would have been in cuffs in the back of his patrol car and your vehicle would have been towed. I personally think he was full of it....

Answer 7

Cops do what they wont when they wont they are all out only to make a weed bust, and yes it has to do with u being black but at lest we live in America where we can get weed when we wont.

Answer 8

Go to court and have the officer prove you were high......there was not evidence....just his assumptions.