Drug Crimes, Substance Abuse Illegal Search?

Status
Not open for further replies.

Twinster

New Member
Hello,

I was hoping to get some advice on a recent incident that happened to me while driving through Utah.

Last month some friends and I decided to take a last minute road trip to Vegas from Denver. When we reached Utah we decided to stop and rotate drivers. I took over the wheel at the rest stop, but before we took off, I grabbed a jacket out of the back of the suv we were riding in and while doing so, I managed to knock over a previously opened bottle of vodka causing it to spill a bit. I used a sweater in the truck to soak up what had spilt, the it in a grocery bag and thought nothing of it.

Not much later, I got pulled over for doing 10 mph over and as soon as the officer stepped up to the vehicle, the first thing he asked was which one of us had been drinking. I explained that none of us had been, told him the story, and willingly opened the trunk to show him what happened. He immediately started citing Utah law on out of state liquor and the penalties for bringing it into the state. He also stated that this have him sufficient cause to tear the car apart and search for "other open containers".

Having never given him permission, he began going through all four of our bags throwing clothes out on the highway and making a mess of everything. When his partner showed up and nothing was found in our bags, he began searching us individually, again not finding anything, and then preceded to search the front of the vehicle. While doing so, he did find a small Ziploc bag with a weed pipe and literally a bowl of pot.

The ticket I received was 10 mph over, drug paraphernalia, and possession under an ounce. My question is as a 27 year old, former military, and having never been arrested or a criminal record whatsoever, is there anything in my story that would warrant me hiring a lawyer and fighting this in court? Since this is my first time getting in trouble with the law, I'm unsure on what to do.

I did speak with an attorney in the county in which this happened, and they did a good job selling me on the idea of an illegal search. However, in order for them to represent me I will need to give them 1500$ flat-rate fee, which is all inclusive, even if it does goto trial. The ticket is also about 1500$, and I also bought a plane ticket to fly there on my court date which certainly was not cheap either.

When it is all said and done, I could potentially be out 3500$ (plus what Vegas beat me up on) and still have a record when this is all over. For me, that's an awful lot of money, so any and all advice would certainly be appreciated!
Thanks in advance.
 
Most people don't want any type of drug conviction on their record. As a young person, with 40 more plus years of work ahead of you, I'd fight it.

I'd plead not guilty, hire a lawyer, or ask the court to appoint one to represent me.

You have a great deal to lose, including things I haven't addressed. They are too complex and personal for this website. Bottom line, you don't want that drug conviction on your record. You might have to live with it, and eventually you'll regret it.

Don't just forget about it, even though you could pay the speeding ticket. Utah won't try extraditing you for failing to appear in the drug charge, but it'll haunt you, trust me.

You need a lawyer, not a website.


Sent from my iPad3 using Tapatalk HD
 
Did you at any time announce that you did not consent to the search, or did you just let the officer do what he wanted? Failure to announce your disapproval may be implied consent.
That said, it seems the officer went too far with his search (based on what you have provided). You may have some luck beating the marijuana and paraphernalia charges, but you could be stuck with your speeding ticket.
 
Thank you both for your advice. Hiring a lawyer seems to be the overall consensus. It's 1500$ to represent me a fair asking price?

Sent from my Galaxy Note II - Tapatalk
 
In this case, I would say yes; it would be worth it. Hire a lawyer or you can ask the court to appoint one. I would probably hire one if I could.
 
Thank you both for your advice. Hiring a lawyer seems to be the overall consensus. It's 1500$ to represent me a fair asking price?

Sent from my Galaxy Note II - Tapatalk

I have no idea what your life record is worth to you.

Keeping my life record FREE of criminal convictions would have driven me to avoid the use or possession of illegal drugs.

Yeah, yeah, yeah, they are not illegal in some states.

They are illegal in most states, and the federal government considers weed illegal.

That said, I'd pay any price for the right lawyer to protect my rights.

The $1,500 legal fee is cheap as far as I can see.
 
Yes, hiring an attorney would be a good idea. He or she might know of nuances in state law that address roadside searches for alcohol based upon an odor. I don't know the status of the law in Utah, but the odor of alcohol emanating from within the vehicle is very likely to grant the probable cause necessary to search for additional open containers. With such an aroma it is reasonable to assume that there is alcohol in the car. If, while searching for the open container, they come across evidence of additional crimes (i.e. the marijuana) then it would be fair game.

But, it might be worth the investment to have an attorney look at it. And, you might also want to consider the potential effects - legally and physical - that smoking marijuana may have on you into the future. You may be fortunate enough to dodge the bullet this time or may be offered diversion to avoid the most serious consequences. This might be a good time to consider kicking it.
 
Status
Not open for further replies.
Back
Top