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

Answers:

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.


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