Car in OUI pot bust reeked even with window upHIDE CAPTION James Carvalho, 21, of Williams Street, Dighton, left, and Colby Woodward, 19, of Putters Way, Dighton were arrested by Taunton police early Tuesday morning. Police say a Dighton man busted for driving under the influence of marijuana early Tuesday morning claimed the ground rules of a field-sobriety test were stacked against him.“No way, that’s not how I stand. My generation doesn’t stand that way — we can’t do it,” Kevin James Carvalho, 21, allegedly stated — after Carvalho had trouble keeping his balance, when Taunton Patrolman Thomas Larkin said he asked him to stand with feet together and his hands by his side.Carvalho, 1541 Williams St., was charged with drug-related OUI; negligent operation of a motor vehicle; marked lanes violation; speeding; and driving with an invalid inspection sticker.His passenger, 19-year-old Colby Woodward, 1925 Putters Way, Dighton, was arrested for illegal possession of more than an ounce of marijuana and possession of a Class D substance with intent to distribute.Larkin, in his report, says Carvalho made that statement after numerous unsuccessful attempts by Carvalho to assume the position in anticipation of a field-sobriety test.Larkin says he was monitoring traffic with his cruiser’s radar at 1:30 a.m. at the intersection of Ingell, Weir and West Water streets, when Carvalho’s 2001 Hyundai Elantra sped by heading north doing 53 mph in a 30 mph posted zone.The car, Larkin said, crossed the double-yellow line “several times in a serpentine manner,” before he it pulled over near the intersection of Weir and White streets.Larkin said as he walked toward the driver’s side door he smelled “a strong, pungent odor of burnt marijuana from inside the Hyundai, even though its windows were closed.”Once Carvalho rolled the window down, Larkin says, “I immediately observed a large plume of smoke rise out.”Larkin said Carvalho was “lethargic” and his eyes were nearly shut as he looked toward the officer and said: “Whoa, what, what’s up?”As Carvalho began looking for his licence and registration, Larkin said Woodward volunteered to show the officer his own driver’s license.“I asked Colby,” who Larkin said appeared “very nervous,” to “stop talking so I could speak with the driver, but he continued to ramble on.”Larkin said he suggested to Carvalho to look inside his wallet “which was right in front of him on the center console.”Carvalho allegedly then claimed that it was Woodward who had been “smoking weed in the car.”MORE VIDEO:Happy Holidays, from us to you!“I smoked earlier, so you got nothing on me, dude. It’s all good, it’s all good,” Carvalho allegedly stated.After Woodward again offered to show his own license, Larkin said he accepted his offer.Larkin says when Woodward picked up a backpack from in between his legs he observed a large glass jar, inside of which was “a large amount of marijuana.”“It’s not mine,” Woodward allegedly said. “It’s my dad’s. I was just holding it for him. My whole family smokes weed.”Woodward, however, quickly changed his story and admitted that the pot was his.“Ok, ok, it’s mine, but it’s only for medical reasons for my PTSD. I’m trying to get a medical card,” he allegedly said.Larkin said the backpack also contained glassine baggies and a digital scale. He said there also appeared to be hundreds of little baggies strewn about the floor of the car.After refusing to submit to the field-sobriety test, Carvalho allegedly accused Larkin of “just trying to make your quota.”“Just let me drive. I’m good,” he allegedly told Larkin, who then “informed Kevin that he was not good and that he was under arrest.”Larkin said the total weight of the marijuana in the jar amounted to 1.6 ounces.Media relations officer Lt. Paul Roderick said until police are equipped with a device that can easily detect drugs in a person’s bloodstream, successful prosecution of drug-related OUI cases will remain difficult.Oftentimes, Roderick said, it amounts to “a waste of time.”Roderick, however, said that drivers operating under the influence of marijuana should keep in mind that Taunton police, especially some of the newer recruits, are taking a “proactive” approach to detecting such violations.
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