Does A Small Amount Of Marijuana Found In The Car Matter?
The amount found in the car wouldn’t necessarily matter. What matters more with regard to drug related DUI is the existence of paraphernalia or residue in a car. This would give the police suspicion that someone had been smoking marijuana while driving.
The amount of marijuana can matter with regard to what kind of crime you’re charged with. If you’re charged with only a DUI, the amount doesn’t necessarily matter.
Obviously, the amount matters when you’re charged with felony marijuana possession or trafficking marijuana. These are much more serious offenses.
Will it Be Hard to Prove that the Drugs Didn’t Belong to the Person Charged with a DUI?
If you’re caught with the drugs in your automobile, then the police can prove possession with what is known in the law as constructive possession. This means that if the drugs are in your car, they’re yours.
But, for example, if someone in your car was also arrested and the drugs were found beneath the passenger seat, that may become a jury nullification issue, meaning a jury may choose to find you not guilty if all facts and circumstances make them believe they were somebody else’s drugs.
You can also state you didn’t know the drugs were there and that they weren’t yours. This doesn’t mean the case won’t be winnable for the state. The state can still charge you with possession of marijuana. The judge can instruct the jury that the drugs were in your car, thus making you guilty via constructive possession. Of course, juries ignore instructions all the time.
Can Somebody be Charged With Both a DUI and a Drug Charge?
Yes. Certainly, the police could charge you with both if they find the drugs in your car or on your person at the time of your arrest.
In actuality, it’s more difficult for them to prove the DUI in a purely drug-related scenario. Most often, they charge possession of marijuana.
Are the Penalties for a Drug Related DUI Worse than a Regular DUI?
No. The punishments are the same.
If you’re charged with possession in a drug case, the licensing suspension penalty can be harsher if you’re convicted.
However, all under the influence of a controlled substance instances will be filed under a sub section of the same code that makes driving under the influence illegal. Hence, the punishments will be the same.
If the Drug I Was Caught With Was Prescribed, Will I Still Have a Case?
They won’t make a possession case if you have a valid prescription.
They could make a DUI case even if it was a valid prescription if the doctor said you should not drive while taking it or if you were taking it in a manner that wasn’t prescribed.
Are Courts More In Favor of Drugs or Alcohol in a DUI Case?
Drug and alcohol cases are generally treated equally from a DUI perspective.
Drug cases are dealt with a bit more seriously out of the context of a DUI.
Furthermore, possession of alcohol by a minor is easier to deal with than possession of marijuana by a minor or an adult.
If Two People Were Smoking Marijuana in a Parked Car, Could They Be Charged with DUI?
Yes, they could be charged if they were in actual physical control of the vehicle. Therefore, anybody sitting in the driver’s seat with the keys somewhere in the vehicle is considered in actual physical control.
If they were hot boxing and the police removed them from the car and asked them to perform sobriety tests, and they did not pass those tests, then they could be charged with a DUI.
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