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Pulled Over In Gr With Couple Of Grams - Misdemeanor!


gage2008

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Hello friends. So Im an ex card holder do to lack of money when came time to renew and still hurting bad for money (hard to find work with a missed up back) so moving on, Today the wife and I got pulled over and long story short I got a ticket for a misdemeanor under  USE not Possession.

 

So what concequences am I looking at?

 

I'm asking friends for money to go get another card before my court date. Do you think this will help at all?

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as long as you still have that dr rec , you are not to be prosecuted in any manner. file a sec8 dismiss

 

 


some information for sec8 defense:

http://michiganmedicalmarijuana.org/ccs_files/downloads/EssentialsoftheAffirmativeDefense.pdf

blank template section8 defense, your lawyer fills it in :

http://www.michiganmedicalmarijuana.org/ccs_files/downloads/ModelMOTIONTODISMISS.pdf



examples of real peoples section8 motions:

http://www.capwayne.org/handouts/2009/2009_10_30_medical_mj_motion_TEMPLATE.pdf

http://media.mlive.com/news/baycity_impact/other/img20130515_18140411.pdf

http://www.onmedicalmarijuana.com/wp-content/uploads/2011/12/Motion-Brief-NOH-POS-to-Dismiss.pdf



probably wise to consult a lawyer who will help out. good luck. dont take a plea!

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It would be up to the PA to determine if renewing your card would benefit you.. Sometimes it does.. Depends on the PA.. But yes it may help..

 

He may have wrote you a "use charge" because you may have been honest with him and you gave him your marijuana.. (Possible?)

 

If you swallowed a couple grams I think he may have got you for tampering.. And not just use..

 

And... Isn't possession in GR just a fine??

 

Lastly, if you didn't corporate with him and his chits weak, he wrote you for use..

 

Any who.. This is just my few cents, wish you the best of luck, and lock it in the trunk next time and tell your friends the same thing.

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Also, if it was within reach of the driver, I assume it may have been you.. Just a guess, the newer "law" they passed for illegal transport may be inconsistent with the medical marijuana act, there's a lot more people here who know more about that than I do, it may be beatable, and with it beating such a minor charge, I'd fight it... But that's my 2 cents hoss, tc!

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Thanks guys.

 

The court location is Grand Rapids. I was in Caledonia on M-37 pulled over at the mcdonalds parking lot.

 

LONG STORY:

 

Was on the way back from shopping with the wife and the wife says were being pulled over.

The cop walk up to our car and the VERY first things out of his mouth is. "Does anyone here have a medical marijuana card?"...not "Hello, Do you know why I pulled you over this evening?" or what not. He asked the wife for registration and then asked if there is any marijuana in the car. I told him yes and pointed to where he can retrieve it. He asked me out of the vehical and I retrieved it for him. He went back yo his car and about 15 min later came back with explaining that our tabs were in the wrong place (wife put the tab in a dif corner for no reason so the old tabs is still exposed) then explained to me that he's giving me a ticket for USE and not Possession since i was honest about everything. He also said he could of arrest me and have me brought down to the station for picture and prints but instead will let me go some saturday between now and the court date to get my prints and picture taken.

 

FOLLOW UP QUSTION:

 

Can you section 8 without a card? or do the section 8 after I get renewed?

 

Now I really would like a lawyer for this but my wife and I are POOR POOR POOOOOOOOR. I have no job because of my back and my wife is a waitress. So needless to say we don't make lawyer type money.  Any suggestions or recommendations to some good soul lawyers not looking to get rich of a poor mans family?

 

I need my marijuana. I'm in far to much pain to have to deal with probation and not smoking. To me pills are not an option. I have a bad history with a crappy doctor and pills. I don't like pills. I can't take care of my 2 bab girls and my son when Im no heavy pain releavers. So this whole thing is kind of freaking me out. Im more worried about my pain and my kids then any of the probation fines I might get.

 

 

Lastly:

Is jail an option? do people go to jail any more over a couple joints? at most it was a eighth.

 

Thanks again

 

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well i'm not sure what USE is (i'm no lawyer).

 

is it a ticket? did the cop give you a ticket? did he cite what ordinance or law you violated? could you write some of that info here? then we can look up the penalties for that offense and see if jail time is possible or not. most people do not go to jail for possession.

 

YES absolutely the sec8 dismiss is for patients who are without a card. thats why i said if you have a dr rec, you are good.

 

about getting renewed and what to do... well, i dont know the answer to that one.

tell the judge your story, show him your new card and ask for the charges to be dismissed under sec4.

it may work.

 

it may not. it really depends on the prosecutor and judge.

 

as for cheap mmj lawyers in grand rapids, dont fret, it seems like a lot of mmj patients are without jobs and money is tight. i think the mmj lawyers are used to it by now haha

 

but i do recommend calling david rudoi, michael komorn and neil rockind.

 

you can find contact info at their websites:

 

http://komornlaw.com/

http://rudoilaw.com

http://www.rockindlaw.com/contact-us/

feel free to ask more questions. whatever you do, dont take a plea deal, just keep asking for a trial.

 

the prosecutor will offer you plea deals until the actual court date, AND THEN ON THE DATE OF COURT ... he'll drop all charges.

so dont take the plea. call his bluff. well this isnt legal advice i am no lawyer. good luck.

Edited by t-pain
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Thanks guys.

 

The court location is Grand Rapids. I was in Caledonia on M-37 pulled over at the mcdonalds parking lot.

 

LONG STORY:

 

Was on the way back from shopping with the wife and the wife says were being pulled over.

The cop walk up to our car and the VERY first things out of his mouth is. "Does anyone here have a medical marijuana card?"...not "Hello, Do you know why I pulled you over this evening?" or what not. He asked the wife for registration and then asked if there is any marijuana in the car. I told him yes and pointed to where he can retrieve it. He asked me out of the vehical and I retrieved it for him. He went back yo his car and about 15 min later came back with explaining that our tabs were in the wrong place (wife put the tab in a dif corner for no reason so the old tabs is still exposed) then explained to me that he's giving me a ticket for USE and not Possession since i was honest about everything. He also said he could of arrest me and have me brought down to the station for picture and prints but instead will let me go some saturday between now and the court date to get my prints and picture taken.

 

FOLLOW UP QUSTION:

 

Can you section 8 without a card? or do the section 8 after I get renewed?

 

Now I really would like a lawyer for this but my wife and I are POOR POOR POOOOOOOOR. I have no job because of my back and my wife is a waitress. So needless to say we don't make lawyer type money.  Any suggestions or recommendations to some good soul lawyers not looking to get rich of a poor mans family?

 

I need my marijuana. I'm in far to much pain to have to deal with probation and not smoking. To me pills are not an option. I have a bad history with a crappy doctor and pills. I don't like pills. I can't take care of my 2 bab girls and my son when Im no heavy pain releavers. So this whole thing is kind of freaking me out. Im more worried about my pain and my kids then any of the probation fines I might get.

 

 

Lastly:

 

Is jail an option? do people go to jail any more over a couple joints? at most it was a eighth.

 

Thanks aga

We do not think you will serve any jail time with that being said i still would fine the $$ to get your card it may help a lot 

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well i'm not sure what USE is (i'm no lawyer).

 

is it a ticket? did the cop give you a ticket? did he cite what ordinance or law you violated? could you write some of that info here? then we can look up the penalties for that offense and see if jail time is possible or not. most people do not go to jail for possession.

 

YES absolutely the sec8 dismiss is for patients who are without a card. thats why i said if you have a dr rec, you are good.

 

about getting renewed and what to do... well, i dont know the answer to that one.

tell the judge your story, show him your new card and ask for the charges to be dismissed under sec4.

it may work.

 

it may not. it really depends on the prosecutor and judge.

 

as for cheap mmj lawyers in grand rapids, dont fret, it seems like a lot of mmj patients are without jobs and money is tight. i think the mmj lawyers are used to it by now haha

 

but i do recommend calling david rudoi, michael komorn and neil rockind.

 

you can find contact info at their websites:

 

http://komornlaw.com/

http://rudoilaw.com

http://www.rockindlaw.com/contact-us/

feel free to ask more questions. whatever you do, dont take a plea deal, just keep asking for a trial.

 

the prosecutor will offer you plea deals until the actual court date, AND THEN ON THE DATE OF COURT ... he'll drop all charges.

so dont take the plea. call his bluff. well this isnt legal advice i am no lawyer. good luck.

Yes its a ticket

The Citation code is 3337404(2d) Controlled substance use of Marijuana

 

By the way I havent smoked for 2-3 hours prior to being pulled over. I just had the S luck of the buds smelling really strong and having  in the front of the car instead of the back. So at the time I wasn't using anything i just had it. but apparently Use is less then Possession.

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yeah get your card and show it to the judge. tell him your story honestly, will probably drop charges.

bring in your old card to show the judge you were a patient from before too. that will seal the deal.

 

http://legislature.mi.gov/doc.aspx?mcl-333-7404

(d) Marihuana, catha edulis, salvia divinorum, or a substance described in section 7212(1)(i) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

 

so max 90 days max jail time. i seriously doubt you will do jail.

but you shouldnt have to pay $100 or a lawyer either. talk to the judge, see what happens. should turn out ok for you. good luck

but of course, call some lawyers to ask them as well. you want to be prepared.

 

also , you never can tell whats going to happen when you go in for fingerprints. so make sure you have some lawyer info / phone #s then too.

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With $3500 and an old card from a reputable doc (and perhaps a new card from a reputable doc) you might have a section 8 case with a really good attorney.  There is a slight difference in my mind between a previously certified patient (who has been determined to qualify prior to the act that resulted in the arrest) and someone that never was certified until after the fact.  Another thing that might help is if the old card was signed within 2 years, but was a 1 year card that expired.  Current certs are for 2 years and this might be a productive angle.  Add a couple of notes from your primary physician confirming the condition was current in the last 2 years might help too.  But a section 8 is expensive and may or may not help you, depending on the story you tell the court.  

 

The last 2 prongs of the section 8 may be less problematic, but your issue with the expired card will be to make the case for the bona fide relationship and 'current medical condition' associated with it.

 

Just confirms the need to keep up to date.

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Use tickets I believe are about as petty as loitering where present. It means he didn't bust you for having anything, like if a group of people were caught smoking and one fesses up to having the weed the rest may get a use ticket. I wouldn't sweat it wouldn't be worth the costs to try and fight it without a card, just jump through some hoops give me some cash that's what they want.

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Thanks dr. bob. I def don't have 3,500 nore do I remember the last time I had 3,500. It won't be until next week when I can come up with the 150 for my card. Any recommendation of a doc around the GR area? My car is crap and don't have the gas for a long trip anywhere.

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