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J.A Evans
J.A Evans, Lawyer
Category: Criminal Law
Satisfied Customers: 24
Experience:  Prosecuted misdemeanor and felony level offenses for ten years. Worked as a judicial law clerk and wrote the judicial opinions.
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Just got back from the police station. 7/1/2013 approx. 3:30am Me

Customer Question

Just got back from the police station. 7/1/2013 approx. 3:30am

Me and my friends came out of a 711 and turned right onto a main road. We then made a right turn at the next light and a police offiicer was stopped at his red light. I see him making a U-turn as I get up the street more and he keeps following me for a bit until he turns his lights on and begins the traffic stop.

The officer walks to the passenger window to get my information. I didn't have my registration present because an officer failed to return it after getting pulled over on another occasion.

He talks to me because he's arrested me for DUI before. After talking to him he comes over to my door and asks if I've had drugs / alcohol tonight and I respond no and he tells me I'm slurring... For our whole encounter I am stuffing my mouth with chips..

Until he asks me to step out and walk behind the vehicle. He then asks me to take a field sobriety test. I decline his request and he places me under arrest for DUI instantly. No words are exchanged really and then while I'm in the car I see the officers beginning to open my doors which at that point I knew they were searching the car. The officer pulled out a jar containing an 8th (3.5g) of marijuana and a jar with about 1 gram. He puts it on the top of the roof.

After a few minutes of paperwork he tells the two friends that I'm with to just leave... and walk home. Which they ended up doing. But the twist is ... Some of the marijuana was mine but another guy also had a gram of marijuana a grinder.

Once they are gone I am transported to the nearest hospital and I refuse a blood test there. They took me back and processed me then I got picked up.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  J.A Evans replied 3 years ago.

J.A Evans :

Hi I hope to help you with your question today. If you were trying to give the officers as little to go on as possible, It sounds like you made a lot of the right choices by not doing the field sobriety tests and the blood test. You do not mention what state you were arrested in however. Some states make it a crime to refuse testing which often has the same penalties as the underlying DUI. As far as the possession charge, you can claim all day long that it wasn't yours and unless your friend comes forward and claims it all (very unlikely!) you are stuck with it. However, an argument can be made to a jury or court that it wasn't all yours.

J.A Evans :

The possession charge will most likely have the smallest penalty vs DUI. Again, I don't know what state you are in so can't tell yhou for certain. You don't really ask as question in your request, so I have tried to address some of the issues. If you have another question that I have not already answered above, please let me know. Otherwise, please rate my answer so I can get credit for my work.

JACUSTOMER-x0byiup8- :

I am from Pennsylvania.

J.A Evans : In Pennsylvania there is not a separate criminal penalty for refusal all by itself. There is a longer drivers license suspension however (one year). If you are convicted of DUI with your refusal you can be convicted of refusal as well but you can't be convicted of refusal only as you can in some other states.
J.A Evans : Possession of marijuana is less than 30 days in jail a d maximum fine of $500
J.A Evans :

I hope you are happy with the service I have provided to you. Please rate my answer so I can get credit for my work.

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