Alcohol & Drugs: MIP, MIC, Intoxication Possession charge from GA. Need advice PLEASE!

[Tool52]

My friends and I were driving to a Tool concert in GA from Fl taking I-75 up. About 30 mins from the damn concert a sheriff pulls me over when I asked him why I was pulled over he said it was for illegal tint and since he could clearly smell weed he searched the car, found the marijuana, and arrested ALL of us for possession.

My question is, since he said I was stopped for "Illegal tint" , wouldn't he have to prove either before or during the time I was pulled over that the tint on my car was in fact illegal. And I was doing like 15 over but he never said one word about speeding to me just the tint, and on my citations there are no laser speed device readings.

I know my police run-ins pretty well, and I know that every cop down here in Fl carries a tint tester and I have had mine tested before ; however this GA cop didn't test my tint. And since he never tested my tint {hence he can't prove its illegal} and he never clocked me going over the speed limit; my question is:

Wouldn't that make this an illegal stop?

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[calalily]

If he thought the tint was illegal he had a pefect right to pull you over to investigate. Once he stopped you and smelled the weed he didn't need to "prove" the tint was illegal as he now had probably cause that something illegal was going on. Usually they drop or don't pursue the lesser infraction for the higher infraction that is occuring. If you keep getting stopped for the tint; if I were you, I would get a lighter tint to prevent these stops in the future.