Can you fight a possession of marijuana charge if you were pulled over was for a traffic violation but you ended up never recieving a ticket for the violation?

The whole reason for the stop was traffic not drug related.

Asked on May 27, 2012 under Criminal Law, Idaho


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

If a police officer has probable cause to pull your vehicle over for a traffic/moving violation (i.e. speeding, running a red light or stop sign etc), and in the process of pulling you over they smell the odor of marijuana or have reason to believe that you are in possession of or under the influence of marijuana, they can arrest you or issue you a citation for possession of marijuana. This charge will uphold even if they never issue you a citation for the actual traffic violation. One way to challenge this is to challenge the actual stop if the officer never had probable cause to pull you over in the first place, but this would all depend on the specific facts of your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.