Can I fight a drug possession charge in a vehicle that I borrowed?

UPDATED: Sep 30, 2022

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Can I fight a drug possession charge in a vehicle that I borrowed?

I drove my friend’s car just a couple miles down the road to a pizza place and passed a car going 15 mph in a 35 mph. I passed him in a bicycle lane which I’ve seen a million people do so didn’t think I was breaking the law at

the time. I got pulled over a half mile later and the officer smelled marijuana from the car I was operating. I was arrested and charged for the marijuana that did not belong to me.

Asked on February 17, 2017 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can try to fight it by clearly establishing that you had just borrowed the vehicle and the contents are not yours.  However, the success of your defense will depend on how much you present to the prosecutor or jury regarding your defense.  For example, if the cameras from the pizza place or other establishments can verify that it was a short trip and a title search can prove the vehicle was not yours. 
Any defendant has the right to fight a charge.  You have the right to review the reports and present your defensive theory.  You have the right to challenge that evidence.  Before you decide to take your case to trial, see what the state has to offer.  If you are a first time offender, they may offer a way for you to earn a dismissal through a diversion program without risking a conviction via  trial. 

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.

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