Question with getting pulled over ticket/weed possession

[SwampdonkeyPLD]

You’re mixing things up, hence my initial post. The relevant context is criminal law and criminal procedure. I understand that you were referring to the mistake as being on the part of the officer and not the defendant. However, this is not what the concept of Mistake of fact or Mistake of law in the criminal law and procedure generally refer to.

As I previously indicated, the concepts of “Mistake of fact” and “Mistake of law” represent a very specific thing on their own and that specific thing only. They do not refer to a mistake made by any other party except for the accused. Mistake of fact does not refer to any random party’s mistake as to facts and neither does Mistake of law refer to any random party’s mistake as to law. Generally Mistake of fact is a defense, whereas Mistake of law is not. A cursory google search will confirm this for you. It isn’t backwards.

I get that you’re saying police officers are allowed to be mistaken as to facts and acts predicated upon an honest mistake as to the facts of a situation will be deemed valid whereas acts of police officers predicated upon a mistaken understanding of law are not valid. In that sense your post was accurate.

Broadly categorizing and labeling what you were referring to as Mistake of fact and Mistake of law is improper. Throwing around inapplicable legal concepts is not only wrong, it can mislead, especially those unfamiliar.

Bolded:

#1. Correct
#2. Incorrect

The reason being, mistake of fact and mistake of law applies to officers as well. A cursory google search search will confirm this for you.

United States v. Chanthasouxat, 342 F.3d 1271, 1276 (11th Cir. 2003) I have this case listed from over the summer.

[snowtoday]

Bolded:

#1. Correct
#2. Incorrect

The reason being, mistake of fact and mistake of law applies to officers as well. A cursory google search search will confirm this for you.

United States v. Chanthasouxat, 342 F.3d 1271, 1276 (11th Cir. 2003) I have this case listed from over the summer.

nice list for sure.

[lovehatehero]

SOOOO, just got back from court. Lovely. Dropped the driving under suspension like i figured. For the drug stuff..$530.00 6 weeks of drug classes and random screenings...BUT at the end of all this its expunged from my record and sealed so..

[archibaldcrane]

SOOOO, just got back from court. Lovely. Dropped the driving under suspension like i figured. For the drug stuff..$530.00 6 weeks of drug classes and random screenings...BUT at the end of all this its expunged from my record and sealed so..

fuuuck that's a hefty fine

Congrats on getting it eventually expunged though. Ugh.

[Azull]

Dont forget to make sure it gets expunged. Expungment isnt always automatic and there are sometimes additonal actions to be taken when the case is eligable for expungment.

[archibaldcrane]

I love the "drug classes" requirement. It's as if they're going to teach you something about drugs that you don't know and will see the error of your ways or something.

[Zoolander]

Meh, could be a lot worse. Money obviously sucks but...its a short term pain and there really isnt any long term issues from this. Be glad you're white.

[lovehatehero]

Well the 530 is a total amount I will have to be paying. I have to pay 25 bucks for each class ( once a weeek for 6 weeks), 10 per random drug screen, court fees, and 330 is what the actual fee is. With that they setup a court date and then the probate officer tells the judge that i finished the program and that all requirements for expunging and sealing my record have been met, then its done so..Thankfully, I didnt get arrested for this ( just cited a ticket ) and I WONT lose my top secret clearance...

[lovehatehero]

Be glad you're white.

Actually, Im glad Im ex military. Cause the judge was not going to be so nice, and he even told me that. Hate to see him on a bad day...

[Demosthenes11]

6 weeks without smoking? fuck that noise

[lovehatehero]

Well, I'm actually hoping its going to be just 3. I talked to the guy who runs the classes, and he said he wouldn't have an issue with me doubling up classes to get it done in 3. Which would be nice and push everything right along.

[gandorf]

Fuck them, did they at least give you back your nugget?

[Haiko]

Is that suppose to be a serious question? If not then youre horrible at trolling.
Wow 530 fine? Cop made me throw away my blunt when he pulled me over and no ticket at CA so I guess I got off easy

Sent from my PC36100 using Tapatalk

[lovehatehero]

Oh ya, the cops/court system are just a bunch of up tight pricks. If i was still in cali, im sure i wouldve got off with much much less.

[archibaldcrane]

Well, considering the circumstances at the time, it looked like you were doing a bunch of dumbass illegal shit - not just having a tiny bit of weed.

[Melchiah]

Well, considering the circumstances at the time, it looked like you were doing a bunch of dumbass illegal shit - not just having a tiny bit of weed.

This cannot be stressed enough. Don't give them reason to even look at you twice, and you'll have no problems.

[Mohoss]

This cannot be stressed enough. Don't give them reason to even look at you twice, and you'll have no problems.

^This x1000000

I live in Indiana where you will get fucked right up the ass for any small amount of weed or paraphernalia at all. I've been smoking for about 1 and 3/4 years so far and I've only been pulled over once while I was high/had stuff on me. (Actually it's also the only time I've been pulled over since I got my license and I'm 20 now.) It was for my tail light being out. Thankfully I was smoking at a friend's house and just omw to another friend's house and hadn't been smoking in my car and all my shit was put away in my backpack. I try to make it a pretty strict rule that I avoid smoking in my car at all costs for just that reason.

But I definitely sobered right the fuck up when those red and blue lights came on. Got my warning for the tail light and went about my merry way with no problems, but it was probably definitely the scariest thing I've ever encountered. I always check my lights and shit now when I'm going to be traveling high and/or with stuff on me.

But yea, don't do stupid shit and they won't have a reason to even look at your car twice.

[Tharen]

I can't believe police waste time writing citation's for weed, I mean really. I'm no police but I have a few family members who are, all you have to do is ask for professional courtesy and 9/10 they'll let you off for being in the service.

[archibaldcrane]

I can't believe police waste time writing citation's for weed, I mean really. I'm no police but I have a few family members who are, all you have to do is ask for professional courtesy and 9/10 they'll let you off for being in the service.

Combined with driving with a suspended registration and no front plates...yeah.

[jmc]

I can't believe police waste time writing citation's for weed, I mean really. I'm no police but I have a few family members who are, all you have to do is ask for professional courtesy and 9/10 they'll let you off for being in the service.

Depends.... have alot of courtesy, and DON'T approach the situation like your going to get out of it because your military. (I.e. don't hand the cop your license and military ID right off the back)