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Posession/MIP/paraphenalia
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so pretty much i was in the wrong place at the exact wrong time, got pulled over and we were all taken out of the car and cuffed without having our rights read, or being told what we had done wrong.
they found my weed (a tiny amount)
my chillum
and i blew a .060 which is fucking nothing
what kind of trouble am i looking at? i'm 18.
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I'd fight it because they didn't follow proper procedure and I guarentee if they didn't read you your rights all evidence will be excluded and you'll go without any charges.
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the man has a point....but where are you from, bc in ny we have a zero tolerance rule for anyone under 21....so that means if you blow a .01+ you get your shit suspended
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my friend got pulled over and had 3 g's and blew over a .08 (he was 17).
the cops didnt read him his rights and forgot to have him sign a release or something on his breathalizer, and when he went to court he got off cuz they didnt follow procedure. try for it
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i really hope so.
another kid had an ounce they didnt find and a bubler and they let him go home.
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if they didn't read you your rights they can't do shit
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You sound like you have a case, get a lawyer and take that shit to court. But if you got charged for everything you'd get a minor charges for all of that and prob just have mad fines and community service.
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that's probably the only thing you could possibly go off.
they don't need to read you your rights, but if anyone admitted to any sort of anything illegal, they have the right to search your car. as long as they asked you to get out of the car, that part of it's completely legit. i dont know about the cuffs though.
it sounds like there's a possibility of a case with this, but 90% of the time, the cops'll come out on top. i'm not saying don't fight it, but don't get your hopes up either.
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You should have capped that pigs ass. I thought all kids these days were packin heat?
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doesnt matter if he wasnt read his rights hes off free, he could have had 3 kilo's of coke and a couple of illegals in his car and he would still get off with no charges
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Not true bro, sorry thats a pretty big myth, i don't think it would hold up in court.
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If they don't read you your rights they can't do anything, and by anything I mean anything relating to that event. I watched a case in class where this kid shot his whole family and hid the gun. Then he asked the police said if they could go 'off the record' because he wanted to tell him where the gun was so no kids or anyone found it and they did. Apparently they never stated they went back 'on the record' when they got his confession so his confession/all other evidence was ruled out and he got away with killing his entire family.
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^^ i agree he cuffed you guys probably just because there was one of him and i'm guessing 3 or 4 of you. He probably didnt read you your rights because he wasnt questioning you. That is a big myth though, and there are cases when shit gets thrown out because they mess up, but i'm sure the cop could screw you over. Also for the breathalizer thing who knows, maybe if you're under 18 he doesnt have to get anything signed, just a guess though
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Hmm maybe, did he take you back to the station or no?
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i dont think i ever signed a breathalizer thing either. i had to sign for fingerprints, but i dont know about a breathalizer
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my brother got pulled over at 18, blew a .12, had a scale, weed divided into baggies in his car along with alcohol.
they arrested him with a DUI, MIP, MIC, and possession with the intent to sell.
They claimed the reason they pulled him over is because his tires were too big for his wheel wells. Well, they weren't. He got it all thrown out.
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Posts: 1762
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hate to break it to u all but when it comes to misdemeanors cops can get away with a lot.they can cuff u, without reading u your miranda rights because they are only holding u in custody and not arresting u and charging u with something. u do not have to sign anything for a breathalizer but u do have to consent to it.
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If he arrested you without reading you your miranda rights there isn't shit he can do.
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Well in this case the cop arrested him so there is something he can do.
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