# I am 19 and got a DUI for weed in MS. I need advice please! **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 6, 2013, 6:24am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239 "2013-01-06T06:24:42Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [January 6, 2013, 9:42pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/61 "2013-01-06T21:42:09Z")
> [@Winnipeg](#): > > Unfortunately a DUI has other repercussions, it will limit your ability to travel, Canada for one will not allow you in till several years after the end of any sentence you receive, and you will have to apply for a Visa and show that you have reformed. Other countries have similar restrictions. > So it is well worth you hiring a lawyer to try to get the charged reduced to something that wont have life long repercussions for you. You also probably won’t ever be able to get any type of job that involves driving, or even using a company-owned vehicle or heavy equipment. Some jobs such as teaching, health care or even volunteering in those fields may be permanently out of reach with a DUI. Depending on the state, you may not be able to get bonded or get state licensure even for mundane, minimum-wage jobs with a DUI on your record. ---
**Author:** ![StGermain](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stgermain/32/2868_2.png) [@StGermain](https://boards.straightdope.com/u/StGermain)\ **Post date:** [January 7, 2013, 12:08am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/62 "2013-01-07T00:08:59Z")
**Brasel19** - Did they take you to jail? DUI is usually a criminal offense, and they don’t let you go from the site, I think. I don’t know, but I think they usually haul you off to jail. They could hardly let someone they deem intoxicated back behind the wheel to drive themselves home. If you got a ticket and went on your way, maybe it’s some other offense besides DUI. Can you transcribe the ticket for us? StG ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [January 7, 2013, 12:22am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/63 "2013-01-07T00:22:12Z")
Others have covered what to do (get a lawyer, etc). But I once read an article by an ex-cop describing how not to get in trouble with the police if you are going to break the law. One of his 8 (or 10, I can’t remember) points was to avoid doing anything illegal in public, do it in private with as few people as possible. You put way way more heat on yourself doing things in public or in a car. Marijuana shouldn’t be illegal and doing it at home while watching TV is one thing, but going out in public or in a car drastically increases your odds of creating problems for yourself and others. ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [January 7, 2013, 12:38am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/64 "2013-01-07T00:38:27Z")
> [@Ibanez](#): > > It would seem odd to me that a field sobriety test was never conducted in order to charge you with it. From discussions about the legalization of marijuana in Colorado, there didn’t seem to be any field test: the only test possible is a blood test, which indicates whether the subject has been under the influence sometime int he past two or three weeks. Worse, there are no subjective studies of exactly what the influences of marijuana **are,** good, bad or indifferent. So, they can’t say “you’ve been smoking, so your reaction times are slower”, or attention span, or visual acuity, or hearing, or short term memory loss… but it’s still illegal to be operating a car while you’re… um… something. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 7, 2013, 12:43am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/65 "2013-01-07T00:43:30Z")
> [@StGermain](#): > > **Brasel19** - Did they take you to jail? DUI is usually a criminal offense, and they don’t let you go from the site, I think. I don’t know, but I think they usually haul you off to jail. They could hardly let someone they deem intoxicated back behind the wheel to drive themselves home. If you got a ticket and went on your way, maybe it’s some other offense besides DUI. > > Can you transcribe the ticket for us? > > StG From the OP: > [@Brasel19](#): > > I was then took to jail where I spent 4 hours in a holding cell till my dad arrived to bail me out (praise Odin he did). ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [January 7, 2013, 12:46am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/66 "2013-01-07T00:46:43Z")
w00t double post ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [January 7, 2013, 12:49am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/67 "2013-01-07T00:49:09Z")
> [@Ethilrist](#): > > From discussions about the legalization of marijuana in Colorado, there didn’t seem to be any field test: the only test possible is a blood test, which indicates whether the subject has been under the influence sometime int he past two or three weeks. > > Worse, there are no subjective studies of exactly what the influences of marijuana **are,** good, bad or indifferent. So, they can’t say “you’ve been smoking, so your reaction times are slower”, or attention span, or visual acuity, or hearing, or short term memory loss… but it’s still illegal to be operating a car while you’re… um… something. Yesbut…possessing marijuana is illegal per federal law. Which, I guess, trumps everything, never mind what the state law is. Which in MS, apparently, is Marijuana Bad and You Be Going Down For That Shit. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 7, 2013, 1:00am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/68 "2013-01-07T01:00:59Z")
> [@chiroptera](#): > > Which, I guess, trumps everything, never mind what the state law is. Which in MS, apparently, is Marijuana Bad and You Be Going Down For That Shit. Actually no. Simple possession is a small fine for a first offense. No jail time, and usually not even an arrest, just a summons to appear in court. Possession in a motor vehicle is more serious, as I noted above. ---
**Author:** ![StGermain](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stgermain/32/2868_2.png) [@StGermain](https://boards.straightdope.com/u/StGermain)\ **Post date:** [January 7, 2013, 1:13am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/69 "2013-01-07T01:13:21Z")
**Oakminster** - Thanks, I missed that the first time around. StG ---
**Author:** ![Brasel19](https://avatars.discourse-cdn.com/v4/letter/b/e274bd/32.png) [@Brasel19](https://boards.straightdope.com/u/Brasel19)\ **Post date:** [January 7, 2013, 2:11am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/70 "2013-01-07T02:11:41Z")
The ticket does say possession in a motor vehicle. Something that I find weird is that he wrote both tickets but on the possession ticket he wrote that i have to be in court on feb 2, 2009. How do I know that he wasn’t high when he wrote the ticket? Seems like something a stoner would do… ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [January 7, 2013, 2:22am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/71 "2013-01-07T02:22:05Z")
> [@Oakminster](#): > > Actually no. Simple possession is a small fine for a first offense. No jail time, and usually not even an arrest, just a summons to appear in court. Possession in a motor vehicle is more serious, as I noted above. Yes, perzacktly right, as I posted in direct response to what you posted and I am taking at face value you are an attorney. 🙂 ---
**Author:** ![magnusblitz](https://avatars.discourse-cdn.com/v4/letter/m/b4bc9f/32.png) [@magnusblitz](https://boards.straightdope.com/u/magnusblitz)\ **Post date:** [January 7, 2013, 4:51am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/72 "2013-01-07T04:51:08Z")
> [@Ambivalid](#): > > IME, lawyers in situations like this don’t do _one goddamn thing_ except make you a little less financially secure. The only mitigating factor in the OP’s case that might warrant getting a lawyer is the fact that no test (of any kind) was administered at the scene or afterwards. It really depends from case to case. Sometimes the lawyer will look at the evidence and find numerous holes and have something to work with, and be able to bargain down the charges or even beat them entirely. Other times the case is pretty much airtight and the lawyer won’t do much other than streamline things and make sure the D.A. doesn’t give a pro per a raw deal. Of course, even then, DUIs tend to be fairly standardized sentences. Yeah, a the cost of a lawyer sucks when a DUI means usually means you’ll be paying $1-2k anyways, but trying to go without one can be risky. ---
**Author:** ![Nunzio\_Tavulari](https://avatars.discourse-cdn.com/v4/letter/n/b9bd4f/32.png) [@Nunzio\_Tavulari](https://boards.straightdope.com/u/Nunzio_Tavulari)\ **Post date:** [January 7, 2013, 5:38am UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/73 "2013-01-07T05:38:39Z")
> [@kayaker](#): > > My experience is the polar opposite. Everyone I know who has had a similar situation and hired an attorney, (with no priors, and not major weight) has pled to disorderly conduct or similar and received probation. > > One friend represented himself and was found guilty of multiple offenses including unsafe motor vehicle operation, possession, etc. That only speaks to the collusion between both sides in the justice system and the tendency to shit on anyone who doesn’t have the money to hire counsel. Brasel19 was respectful to the officer and the officer was only doing his duty once he saw2 the marijuana. He may not believe that the OP was not impaired enough to present a danger to himself or other drivers. I think the whole episode was a warning intended to keep Brasel19 on the right track. My gut feeling is that with or without a lawyer, the OP would be given probation and a stern lecture. Probably a decent fine, courthouses love collecting money at any opportunity. And some usurious additional fee for “court costs”. But I can’t guarantee that. So I also recommend getting a lawyer. I’d hate to see the guy crushed because I told him everything would be OK. Lawyers are unnecessary in most of the situations that young people get involved in, but there’s always that one time when the judge decides to be a dick just because he can. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [January 7, 2013, 12:12pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/74 "2013-01-07T12:12:13Z")
> [@Brasel19](#): > > The ticket does say possession in a motor vehicle. Something that I find weird is that he wrote both tickets but on the possession ticket he wrote that i have to be in court on feb 2, 2009. How do I know that he wasn’t high when he wrote the ticket? Seems like something a stoner would do.. I represented myself on a speeding ticket years ago. The ticket had “grey” under color. The car was most definitely tan. That was the cornerstone of my defense. If the cop’s vision was imperfect, how could it be trusted to, etc. I cross examined the officer on this point, introducing pictures of my car into evidence. I even had pictures of my car with a friend holding a color chart next to it. I presented as evidence the bill of sale, which stated “tan” as the color. The officer stated he had 20/20 vision and perfect color discrimination during my cross. I asked the judge for a continuance so that I could have an optometrist examine the officer. My request was denied, but the judge had a great sense of humor. He made me promise to slow down and found me not guilty. _But_, this was all over a $150 speeding ticket. Seriously, let a good attorney work it out.😃 ---
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [January 7, 2013, 3:22pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/75 "2013-01-07T15:22:41Z")
> [@Brasel19](#): > > I had around a gram on me give or take. I smoke fairly often and I would never drive if I felt I couldn’t be safe because I don’t want to put other people in danger. I just wanted to play pool as I usually do on Friday nights. The officer asked me if I was ok to not be cuffed and of course I wasn’t going to do anything else as stupid as I had just did (driving under the influence and having weed in the car). We then rode about 10 minutes to the prison and had a real talk about how marijuana shouldn’t be illegal, but that it still is. He was a super nice dude after he figured out that I wasn’t even that high. I wasn’t treated bad in the whole situation because I was so respectful. I just don’t understand how I can get charged with such a severe crime as DUI when I wasnt given a test of any kind. I even helped the officer move things out of the passenger seat so I could get in the vehicle. I understand that doesn’t help my case that significantly but it has to do something. Is there any way I can just be charged with minor possession and get the DUI dropped? You were charged with DUI because you admitted it to him. Your actions were stupidity of the highest form. Having said that, this is one case of stupidity that can be at least partially fixed, regardless of what Ron White says. The overwhelming advice you have been given here is to get a lawyer. Do it. Do it now. Stop screwing around. It’s gonna cost you a buttload of money. Pay it. The lawyer will work something out with you on terms. He will work to get the charges reduced/dismissed/whatever. I know this because my stepson is going through it. He got busted for possession after a concert. His lawyer got the felony charges reduced to a misdemeanor with probation and deferred adjudication, etc. The best thing that has happened out of this is that my stepson is clean and sober for the first time in quite a while and he realizes now that his drug abuse was really screwing his life up and he plans to stay off the stuff for good. You need to do the same. ---
**Author:** ![Simple\_Linctus](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Simple\_Linctus](https://boards.straightdope.com/u/Simple_Linctus)\ **Post date:** [January 7, 2013, 4:17pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/76 "2013-01-07T16:17:07Z")
> [@Ambivalid](#): > > My experiences couldn’t be more different. I only WISH I had never wasted the money that I did…It did me NO good. I think I would compromise between the two positions and say from personal experience, either pay top dollar for an excellent lawyer, or get a public defender (or represent yourself if you are ineligible and throw yourself on the mercy of the court). An excellent lawyer is definitely worth the money. I am not at all convinced that an average lawyer is meaningfully better than the options you get for free. Also, be proactive with your own case. In the only time I was in front of the courts for a serious offence where prison was pretty likely, only a combination of me doing some research (I found some case law and read some statutes, finding a useful loophole) \*and \*hiring the best lawyer possible kept me out. On the other hand when I was in front of the courts for a drunken student joke of no significance whatsoever, I think that I would have been far better off doing my own defence or even doing no defence at all than the rushed rubbish lawyer I got. ---
**Author:** ![Simple\_Linctus](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Simple\_Linctus](https://boards.straightdope.com/u/Simple_Linctus)\ **Post date:** [January 7, 2013, 4:23pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/77 "2013-01-07T16:23:31Z")
On the lawyer thing… Something I noticed sitting in an equivilant of traffic court for one day. Everyone there who was accused of only speeding got EXACTLY the same punishment, no matter what the nature of their defence/mitigation and their track record. £10 for every mph over the limit, minimum of £150 fine. ---
**Author:** ![Anne\_Neville](https://avatars.discourse-cdn.com/v4/letter/a/b9e5f3/32.png) [@Anne\_Neville](https://boards.straightdope.com/u/Anne_Neville)\ **Post date:** [January 7, 2013, 10:10pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/78 "2013-01-07T22:10:38Z")
> [@Brasel19](#): > > I had around a gram on me give or take. I smoke fairly often and I would never drive if I felt I couldn’t be safe because I don’t want to put other people in danger. I just wanted to play pool as I usually do on Friday nights. I don’t smoke marijuana, but before I was pregnant, I did drink alcohol. I only drank when I was finished driving for the night. That rule meant there was never any need for me to judge how fit I was to drive. Of course, it radically reduced the chances that I would be charged with DUI. I suggest a similar rule in the future for you. For now, for dealing with this situation, get a lawyer. ---
**Author:** ![Apocalypso](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Apocalypso](https://boards.straightdope.com/u/Apocalypso)\ **Post date:** [January 7, 2013, 10:11pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/79 "2013-01-07T22:11:32Z")
You got caught with it, you admitted you were high, and you were driving. Not sure what advice a lawyer is going to give you that’s going to help you out. This isn’t a television style courtroom drama. You will be in a line of dozens if not hundreds of other dui offenders and spend maybe 5-10 minutes talking to the judge at most. You will mostly be asked yes/no questions and the time you spend in front of the judge will be very brief. Is this your first offense? Some states have an ARD program for first offenders where they get a reduced fine, expungement from their records, etc (this happened to someone in my family). Show up on time for your court dates (even a little early since courts are frequently crowded), make sure you give yourself plenty of time to park and find the courtroom. Own up to what you did, but don’t make excuses. “I did this, I broke the law, it was a bad decision and I am sorry”, not “I was high but I thought I would be okay to drive”. You might have your license suspended for 30 or 60 days, pay fines, court costs, and have to take classes. If you have to pay fines you will probably be given a date by which your fine has to be paid, and you can pay so much per month. If your license is suspended, make arrangements for rides to work/school. Do not drive on a suspended license or you will get into a lot more trouble than you’re in right now. Don’t drive with weed or paraphanelia in the car in the future. For the record, the family member I mentioned (this is in PA) was able to go into the ARD program and had their record expunged, but still had to pay $1700 in fines/court costs, take classes, and had their license suspended for 60 days. They are (rightfully) cracking down on DUI/DWI nowdays, this was considered a light sentence by the people she talked to in the courts. Good luck. ---
**Author:** ![Kimballkid](https://avatars.discourse-cdn.com/v4/letter/k/b5a626/32.png) [@Kimballkid](https://boards.straightdope.com/u/Kimballkid)\ **Post date:** [January 7, 2013, 10:18pm UTC](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239/80 "2013-01-07T22:18:24Z")
> [@Brasel19](#): > > i have to be in court on feb 2, 2009. He actually wrote the year as _2009_?! [Previous page](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239.md?page=3) [Next page](https://boards.straightdope.com/t/i-am-19-and-got-a-dui-for-weed-in-ms-i-need-advice-please/646239.md?page=5)