Legal Question in DUI Law in California

my gf was driving me home in my car because i smoked weed, we got pulled over without knowing the reason 2police officers come up to us asking her to roll her the windows down and ask both of us to put our cig's off!! one of the poilce officers goes " you guys smoking marijuana in here" i said i smoked at my friends house and gf picedk me up after and the reason my car smells like weed is because i have my weed 0.5 gram in here beacuse my trunk is broken and i cant open it!! i told the cop that i have my doctor req on me and i showed to him! my gf didnt have any type of of identification on her! she was in her pj's and she was really tired after working 12 hours shift! the police offficer asked both of us to get out of the car and they claimed that my gf was high even though im %100 sure that she wasnt and she didnt have any weed on her!they gave me a ticket of pssession of marijauana and they gave her a physical test and she faild them cause she was tired and she was freaking out and cold they took her to jail and gave her a urine test even though she has her doctor req and she smokes weed and the weed stays in ur system for 30 days test she got charged with dui marijuana and cited for my weed that i got ticket for! whats going to happened in court!! is the dui she got the same as alchol dui? how come they gave me the ticket for the weed and the pipe and they cited her for it and gave her a recipet? she spent 12 hours in van nuys county jail! im 20 years old and shes 21

we never been the reason why we got pulled over!!


Asked on 9/03/10, 3:31 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your recitation of your version of the facts is not going to get you anything but some sympathy for your problem. You both face criminal charges, and 'what is going to happen' in court is that you are going to try to defend the criminal charges, just like every other defendant has to do. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments. There is no magic wand to wave and make it all disappear. If you don't even understand 'why' this happened, it isn't likely you will be able to effectively represent yourself. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.

Keep in mind: When you are arrested for DUI, drugs or alcohol, upon release from jail or booking, you�ll be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.

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Answered on 9/08/10, 10:10 am


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