1:30 saturday morning i was pulled over. i was told i was speeding and asked if i had anything to drink. because i knew they could smell it, i said i had just finished a beer. was then asked to step out of the vehicle, at which point the second officer said "you've had more than one beer son, how many you had?" at which point i made my third big mistake by saying "i had a couple". i was then handcuffed and patted down and placed in the back of their car. they then searched the car, found marijuana actually spelled on the ticket "marihuana". regardless, at that point i was told i was being charged with possession and read my rights. they then asked me to do a roadside breath test. officer 1 demonstrated how. first time i blew, officer 1 said okay good, then the second officer claimed he had accidentally unplugged the machine, and id have to blow again. against better judgement i did, and registered a fail. once at the station (for quite some time) i was taken in to give another breath sample, at which time i refused to anything without speaking to my lawyer. the policeman then asked me FOUR different times (reworking his words to sound like hes asking something else) and i refused each time.
now that is the bulk of it, although i have to say i was stripped of my coat, sweater shoes etc, to be placed in a VERY cold cell, only to have my requests for my sweater or a blanket be ignored, until a new shift came on and i was told "we dont have blankets" fair enough.
now i have been up all night reading and trying to find very similar cases, as im sure theyre out there. but my court date is only a week away from today (am now) and ohh heres a good one too.. when i told the police i wanted to speak to my own lawyer, they left, returning (not so promptly) telling me they have duty counsel on the phone. i repeated my original demand and the cop asked "whats their name" i suggested he get me a phone book, at which time he told me, he makes the calls. i told him the name of my lawyer (who has defended me against non-criminal charges before (no insurance)) and he then claimed "well scott *** isnt a lawyer"
so i need some help please, i could maybe manage all these charges, but i pay more for insurance in two months than my cars worth, and cannot afford more.
also, dont know if this will help or hinder me, but i stated to more than one officer i was planning on "offing myself within, probably six hours of getting out of here" and they gladly let me go, also without checking to see if i was still intoxicated.
i was never charged with the crime they pulled me over for originally... any importance?
thanks for reading the novel
also, i have no record, 1 speeding ticket 15over and one failure to provide insurance card. hope someone has good advice thanks again
Fail to provide Breath Sample / Evaluating Officer demand / Motor Vehicle CC 254(5)
Young driver - B.A.C. above zero HTA 44.1(5)
Possession Schedule ll Cannabis Marihuana - under 30grams CDSA 4(1)
i think i may have posted this in the wrong area, my apologies
One word for you: Lawyer
there is no way i can afford good legal advice thats why im posting here
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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