What will happen if my husband was driving his mother’s car but got pulled and charged with possession of her pain meds?

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What will happen if my husband was driving his mother’s car but got pulled and charged with possession of her pain meds?

They were not in the bottle but the car is in her name and we have the recent prescription. Do we have a fair chance at this case?

Asked on January 30, 2015 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have a reasonably good chance, especially if you get your husband's mother to come to court and testify not only that it is her car and she left the bottle in there, so that 1) that the meds are hers, but also 2) she hasn't seen any unexplained drop in the number of meds (i.e. no reason to think anyone is taking any). You need her testimony: the legal system requires witness testimony for evidence, and does not let you simply put in unauthenticated documents, like the prescription.


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