Law Office of Glen W. Neeley

Top Utah DUI Attorney, Board Certified in DUI Defense by the National College of DUI Defense

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Should I plead to a Metabolite DUI?

I was discussing a case with a prosecutor today.  He made the offer that my client plead to Driving with a Measurable Amount of a Controlled Substance in his system.  This is basically the same thing as a DUI, except the prosecution does not have to prove any impairment or level whatsoever.  The only thing they have to show is that the person had a small amount of the byproduct of a drug in their system.  The only defense to this charge is that the person has a valid prescription for the controlled substance.  Should the person plead to this charge?  My answer is if there is another way around it, don’t plea to.  I suggested a Drug Related Reckless charge.  The prosecutor asked why?  Here are my four reasons?

  • A metabolite charge will suspend your license for 90 days, or 1 year if it is a second offense.
  • A Drug Related Reckless driving charge will save the license (if you kept it at the DMV hearing), or will reduce the license suspension to 60 days if it is a first offense.
  • Usually, the Courts will give a lessor fine for a DRR.
  • Usually, the DRR will not involve jail time or as much community service hours.

Be aware that both charges are similar in nature.  They both will stay on your record for 10 years before expungement can take place.  Both usually require a drug class.  Both will have the stigma of DUI along with insurance implications.

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3 responses to “Should I plead to a Metabolite DUI?”

  1. Richard OBanion Avatar
    Richard OBanion

    I am currently in the middle of one of these cases where the officer was under cover and tried to knock me off my cane acting like a drunk.
    Wile I was in the store she tried to break into my car.
    She told me in the middle of a windstorm that pushed me to the left about 4 inches in-which I quickly corrected. My mini van was being held back by the wind and it took extra gas to push the van accross the skinny bridge and I hit a pocket where there was no wind and this is what made me mover the 4 inches yet not crossing the line in which she lied on the stand in pretrial. Having huge Suburban the wind probably didn’t even effect its amazing power and steering but they are usually equipped with a camera and I was told to stand looking forward with a CHP with brights on blinding me from seeing what they were doing in my van. Turns out they found my unloaded gun in a locked bank bag in the haches in the back of the van and the bullets were in the opposite side of the van in which the gun came back to me loaded and she was twirling the gun like she was in the old west.
    Taking the bullets out and in and gave it a few more twirls until her older male partner told her to stop.
    She kept saying that she wanted the gun and I thought I was headed for a shallow grave siince I never saw a badge and she was wearing gang clothing. Even knited gloves with the tips cut off.
    Since she was a Alaskan Indian to the eye I recognized her from the store in which my condition (phisically weak) could do nothing about her trying to unlock the passengers side in which our eyes met through the cab and she stoped and tried to hide her big face in the hood of her sweat shirt.
    I was denied medical attention for almost 7 days. I was forced to detox in a cold cell with out even seeing a nurse. All of my medication was labeled and my Morphine came up missing that was 60 pills worth 600.00 on the street. It took me a week to get warm after being bailed out. I was also denied a phone call so my animals were close to starving and my familly and domestic partner had no idea where I was. They were given wrong information with they called and had to call over and over to finally find someone to inform them where I was. There is a police report that has very little truth in it and most of what really happened was not documented. Even the taped discussion at the station was erased.
    She tail gated me in a huge suburban and with her brites on I could see very little but was able to find a turn off on the shoulder of an Almond orchard that in a windstorm most people are extremely elergic. My sinuses were on fire and of course my eyes were contracted with the flashlight physically on my nose.
    Since She had already either broke into or viewed everything she could whithout entering, crawling all over the front breaking the windshield wiper. Since it is a short nose on the van she kept falling as she tried to see through the front of the van. Seeing two cell phones in which my plan gives you the second for free and I use the IPhone for directions. I was just looking for wood and had a week before the snow started to fall and we could not get it delivered. It is the only source of heat in my home.
    She told me I was pulled over for being “WHITE, OVER DRESSED AND IN A HISPANIC AREA”.
    Like the video she made sure it was my word against hers and her partner that instructed her all the way. Since my record still has Gay on it after 30 years I was actually told that I did not need a doctor I needed sex “I can smell it” because I was wearing lite calone. She asked her partner how to write the report over 20 times how to fake the report without using the word. After seing my prescriptions and using the handicapped space she knew that I was easy prey. This has happened to me 3 times where I was thrown in a ditch and slammed against walls and floors, locked in cells with no toilet and had my own clothing dragged in the urine I could not hold. I have neuropathy and take antisiezure medicine with opiates and stimulants due to a bad phnamonia shot several years ago.
    I have been in this case for almost 2 years. They have no evidence that I was drinking and my cell phone records show I was waiting out the storm for an hour before I went to the store.
    Why would a police force that is so strapped for money do this when there is gang shootouts just miles away. Here in Central California is extreamly racist. This could happen to anyone just because they are white in her territory.
    I do not display my plack anymore and I struggle with the pain not using my cane.
    I was arrested with my wheelchair in the back and they knew everything and still treated me this way. After being disabled I have faced a lot of discrimination but it is nothing compared to what I have had to deal with due to the people assigned to protect us.
    To be afraid of your own police taking advantage of your handicap is sick. Many police are true Sadists. I have experienced the young being taunted by the old to be harder, like training a pitt bull and I was the kitten.
    This needs to end.
    RAO

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  2. Richard Obanion Avatar
    Richard Obanion

    I spoke with the Federal Government and they have agreed to review the internal affairs reports and my handicapped rights since I filed with IF before the 160 day cut off. Both officers not only broke policy but federal law.
    The undercover officer committed assault when she tried to knock me off my cane when exiting my van wile going into the store and then tried to climb all over the front of my van to see what was inside.
    When I came out and tried to use a slim jim to break in the passenger side. Using my key to enter the drivers side I could see her face for the seconde time before she cover her face with her hood. My wheelchair in the back and plack showing she later expressed that I should have not taken the handicaped slot because the lot was empty when I arrived but full when I left, she was trying to slimjim the passenger side and when she saw me she tried to cover her face but it was too late I had my second look at her since she turned around and looked at me when she tried to knock me down.
    Since I have phone records showing me talking to my partner on a cell in the orchards where I was trying to buy wood by timeline dose not work with theirs. I was waiting for a dust storm to blow over in which he can testify and my Morphine was missing though it was in my urine and I have a record of it being prescribed for years at the same dose there is reasonable cause that she tried to break in and stole the drugs that were all together and the imprint of the missing bottle shows on the plastic bag along with the small wheel of my wheelchair that they tried to hide in the photos. I honestly thought I would be shot and left for dead in the fields since they did not follow any procedures that I know of and in fact they boxed me in after blasting me with high beams and made me stand so I could not see what they were doing.
    My handicap placard was also stolen and this is also a criminal offense.
    The officer told her own Sergeant that there were only 2 officers in uniform on the scene. Thinking that I would be shot with my own gun that was locked up in the back in a bank bag and the bullets were locked in another bank bag that was retrieved before any questioning or rights read. She played with the gun so much wearing knitted gloves swirling it like a old west gun slinger to the point her partner told her to stop twice and then instructed her how to lie on the report. My prints could not be on the gun with all that handling. I also was denied medical treatment and told all I needed was sex by the officer in charge of the jail since I was wearing cal-lone then denied a phone call. No one knew where I was for almost a week as I went through detox in a very cold cell.It took almost a week for me to get warm after being left handcuffed in freezing weather wearing pajamas for over an hour. My legs burned like they were on fire and I threw a fit infront of the intern due to asking for medical attention for a week. I could hear who would have me when the door was poped the next day. Announcing I was gay when I have not had sex in 15 years was provoking the inmates wile the officer on duty joined in the conversation telling them it was on my record. There are no medical records at all to show they did their job of letting Medical know I was on controlled medications. My Doctor told me that I had been on the same dose for almost 4 years. How could I be impaired. My jewelry was damaged in front of me wile it was checked in. I believe this was due to my Madelyn being an indian fetish of a wolf and each heavy item was drooped onto it as it is made of thin silver so it would dent. The arresting officer was american indian that told me I was pulled over because I was white and did not fit the area.
    Public Radio has been sitting in court wile they have draged me in over 12 times in the last 2 years and will try to air the incident.
    I was buying wood from White Eastern Euro Family that appreciated the business.
    I have done nothing wrong and will not accept a plea. They are not shy about keeping their cells full so they get the funding they need. Since the officer has allready lied to her Sargent this will open the door for more credibility issues.
    Thanks for the advise.
    This is an oppurtunity to show reverse discrimination and against the handicapped that I have been the butt end of so many Police Jokes and abuse. Beaten to the point of bruises from neck to toe and no one cares.
    Police are supposed to be there for everyone and I pay their salary.
    I will not let this go until the Officers are fired publicly.
    This is why I left California 15 years ago and will leave when this is over.
    Thanks again.

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  3. Richard Obanion Avatar
    Richard Obanion

    I spoke with the Federal Government and they have agreed to review the internal affairs reports and my handicapped rights since I filed with IF before the 160 day cut off. Both officers not only broke policy but federal law.
    The undercover officer committed assault when she tried to knock me off my cane when exiting my van wile going into the store and then tried to climb all over the front of my van to see what was inside.
    When I came out and tried to use a slim jim to break in the passenger side. Using my key to enter the drivers side I could see her face for the seconde time before she cover her face with her hood. My wheelchair in the back and plack showing she later expressed that I should have not taken the handicaped slot because the lot was empty when I arrived but full when I left, she was trying to slimjim the passenger side and when she saw me she tried to cover her face but it was too late I had my second look at her since she turned around and looked at me when she tried to knock me down.
    Since I have phone records showing me talking to my partner on a cell in the orchards where I was trying to buy wood by timeline dose not work with theirs. I was waiting for a dust storm to blow over in which he can testify and my Morphine was missing though it was in my urine and I have a record of it being prescribed for years at the same dose there is reasonable cause that she tried to break in and stole the drugs that were all together and the imprint of the missing bottle shows on the plastic bag along with the small wheel of my wheelchair that they tried to hide in the photos. I honestly thought I would be shot and left for dead in the fields since they did not follow any procedures that I know of and in fact they boxed me in after blasting me with high beams and made me stand so I could not see what they were doing.
    My handicap placard was also stolen and this is also a criminal offense.
    The officer told her own Sergeant that there were only 2 officers in uniform on the scene. Thinking that I would be shot with my own gun that was locked up in the back in a bank bag and the bullets were locked in another bank bag that was retrieved before any questioning or rights read. She played with the gun so much wearing knitted gloves swirling it like a old west gun slinger to the point her partner told her to stop twice and then instructed her how to lie on the report. My prints could not be on the gun with all that handling. I also was denied medical treatment and told all I needed was sex by the officer in charge of the jail since I was wearing cal-lone then denied a phone call. No one knew where I was for almost a week as I went through detox in a very cold cell.It took almost a week for me to get warm after being left handcuffed in freezing weather wearing pajamas for over an hour. My legs burned like they were on fire and I threw a fit infront of the intern due to asking for medical attention for a week. I could hear who would have me when the door was poped the next day. Announcing I was gay when I have not had sex in 15 years was provoking the inmates wile the officer on duty joined in the conversation telling them it was on my record. There are no medical records at all to show they did their job of letting Medical know I was on controlled medications. My Doctor told me that I had been on the same dose for almost 4 years. How could I be impaired. My jewelry was damaged in front of me wile it was checked in. I believe this was due to my Madelyn being an indian fetish of a wolf and each heavy item was drooped onto it as it is made of thin silver so it would dent. The arresting officer was american indian that told me I was pulled over because I was white and did not fit the area.
    Public Radio has been sitting in court wile they have draged me in over 12 times in the last 2 years and will try to air the incident.
    I was buying wood from White Eastern Euro Family that appreciated the business.
    I have done nothing wrong and will not accept a plea. They are not shy about keeping their cells full so they get the funding they need. Since the officer has allready lied to her Sargent this will open the door for more credibility issues.
    Thanks for the advise.
    This is an oppurtunity to show reverse discrimination and against the handicapped that I have been the butt end of so many Police Jokes and abuse. Beaten to the point of bruises from neck to toe and no one cares.
    Police are supposed to be there for everyone and I pay their salary.
    I will not let this go until the Officers are fired publicly.
    This is why I left California 15 years ago and will leave when this is over.
    Thanks again.

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