Marijuana Possession Charge amended to Jay Walking


Marijuana Charges dismissed in city court

September 2017

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

Court: Kansas

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.

McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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Mr. McLane´s clients benefit from his experience and reputation of being a respected, professional attorney with a strong work ethic who is committed to successfully resolving every client´s legal challenges in a Timely and Professional manner.

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