Marijuana Possession Dismissed for bad car stop
Client charged with Possession of Marijuana as a passenger in a car stopped for an alleged "defective blinker." The blinker was "rapidly flashing" due to a bulb being burned out, but the blinker still functioned to alert other motorists of intent to turn. Following the car stop, the officer searched the vehicle after detecting odor of marijuana. My client, as the front seat passenger, was charged with Possession of Marijuana. The city prosecutor agreed to dismiss the charge after we submitted case law indicating that the turn signal in this case was legal as it clearly indicated to other motorists of the driver's intent to turn. A rapid flashing signal met the statutory requirement for notice to turn, and since the driver met the 100 feet minimum requirement for use of turn signal prior to turning, then no violation of the law occurred. Thus, the search of the car was illegal as there was no legal basis to stop the car. Case dismissed.
Practice area(s): Criminal Defense