Alchohol/Drugs in car

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Alchohol/Drugs in car

What if the person driving the car is not under the influence of alcohol or drugs, but the passengers are? (alchohol in open containers, pot, or cocaine) Can a non-user of illegal drugs get charged if the passengers have these in their possession?

Asked on July 1, 2009 under Criminal Law, Kentucky

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Kentucky attorney, and there are slight differences in this area of the law, among different states.  But in most states, this sort of situation often supports charges of possession, either directly or under a "constructive possession" theory, for everyone in the car no matter who has what (how much or how little, everyone gets charged as a dealer if one person has too much).  For the driver, the open containers and the drugs being in the car with him or her while driving is the offense.

All of this is extremely serious, and if you are involved, you need an attorney.  One place to find a qualified defense lawyer is our website, http://attorneypages.com


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