What to do if I was stopped for speeding and then charged with intent to distribute but never charged with the speeding ticket which was the reason for the stop?

I was pulled over from behind for speeding 31 in a 25. When the officer came up to my window he said he could smell marijuana in my vehicle. He asked me to step out of the car and then asked me if I had any marijuana in my vehicle. I told him yes and where it was. I had a 1/2 oz. in different bags with a scale inside a backpack. They charged me with possession with intent to distribute. They never charged me with speeding which was the reason for the stop in the first. So can I beat this?

Asked on March 23, 2012 under Criminal Law, Utah


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

The criminal charge in this case will take precedent over the speeding incident. In fact, the officer will argue that the speeding gave them the probable cause to to perform the subsequent search of you and the car for marijuana. Your major priority is to see about getting the drug charges dismissed or reduced, as the speeding ticket is irrelevant. A crafty defense attorney could argue that there was never probable cause for the stop, thus the reason why no speeding ticket was issued, in hopes to have the evidence excluded, but that's the only relevance I see of not having the speeding ticket issued.

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 AttorneyPages.com 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.