What if the Marijuana found in the car wasn’t mine?
If the police find marijuana in your car during their search, then they will say they belonged to you using the idea of “constructive possession.” That’s even if you tell the police you knew nothing about it.
That basically means that it’s assumed that if the car is yours, everything in it including the drugs belong to you. This car be a huge hurdle because at a trial, the judge will tell the jury about the law of constructive possession which would make it very easy to prove you guilty. This can be overcome if someone else was arrested with you and the drugs were underneath that person’s seat.
It was only a small amount
Even if the police only find a small amount of marijuana, they can charge you with marijuana possession. As long as there is enough residue or substance left to test, they will charge you.
Contact me now at (770)387-4LAW for a free consultation!
Will my license be suspended?
If you are convicted for marijuana possession, your license will be suspended. That is even if your charge has nothing to do with driving.
There are some ways to get around the mandatory suspension, but you need an attorney who is familiar with the loopholes to help you save your license.
You can be charged with a DUI if you were smoking Marijuana in a parked car
You can be charged with Marijuana possession and DUI if you were in actual physical control of the vehicle. If you were sitting in the driver’s seat with the keys somewhere in the vehicle, you will likely be found to be in actual physical control of the vehicle. If you were hot boxing and the police asked you to perform field sobriety tests, you can be charged with a DUI if you do not pass those field sobriety tests.