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.
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
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.
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.
From the OP:
w00t double post
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.
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.
Oakminster - Thanks, I missed that the first time around.
StG
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…
Yes, perzacktly right, as I posted in direct response to what you posted and I am taking at face value you are an attorney. 
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.
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.
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.
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.
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.
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.
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.
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.
He actually wrote the year as 2009?!