Dui
While being stopped, an officer
suspected i may have drugs in the
car.. He told me to step out of the
vehicle. When he did, i locked my
door. He proceeded by getting the
--name removed--9, the dog
alerted them,
although there were no drugs in
the car.. They patted me down
multiple times and even asked me
to take off my shoes.. Nothing was
found.
He asked if i took any drugs, i told
him i smoked with my girlfriend
after work, which was about 6
hours before..
He then asked me to take a
sobriety test, which for some
reason he says i failed. I was not
under the influence, but did take
medicine because i was sick.
(Tylenol PM, because i had no
regular tylenol)
He then asked me to take a
breathalyzer / urinalysis, I refused
the urina. (knowing that marijuana
stays in your system for at least 2
weeks)
While sitting in the back of the cop
car, i found a bag of weed on the
floor at my feet, when the officer
opened my door to ask me a
question, i kicked it out telling him
it was not mine.
He then told me (and the police
report) that he checks his car after
each arrest.
I asked who was in his car before
me and was told someone charged
with trespassing.
1 Answer from Attorneys
Re: Dui
Thanks for the question. You have a complicated situation involving several issues. First of all, you should not have disclosed that you smoked a few hours previously. This may be able to be used against you at trial if the officer states that you either under arrest at the time of your statement or if he states that he mirandized you before the statement (whether he did or not). The refusal will be an automatic suspension of your license and is also now an additional misdemeanor in Florida. The bag of weed is another issue because of the numerous pat downs before placing you in the car. You need an experienced attorney to handle you case. You may call my office is you wish assistance. I am located in Orlando. Hope this helps.
Regards.
ACM
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