Marijuana Charges dismissed in city court
Client was driver of a car with three passengers. After a tire blow out, all four occupants were standing on the side of the road when a police officer stopped to investigate. Driver was questioned regarding the stop and the odor of marijuana coming from the car. A passenger was found to be in possession of marijuana that was hidden in a jar. After being read his Miranda rights, client admitted to smoking marijuana earlier in the evening. He also admitted to buying the weed from cash collected from all passengers. Only the driver was charged with possession. I filed a Motion to Suppress based on the fact that client was not in "possession" of the weed when police arrived at the scene. The prosecutor eventually agreed to dismiss the charge based on legal principles of "possession" and "constructive possession" and the fact that the driver was not under the influence of drugs following roadside field sobriety testing. Since he was not in actual "possession" when police arrived and was not impaired by drugs, then our legal defense was worthy of a dismissal of the charge. The client pled guilty to "inattentive driving" for the traffic violation that caused the tire blowout. Client can now enjoy his freshman year of college without a probation or conviction hanging over him.
Practice area(s): Criminal Defense