Can a person receive a ticket for drug possession simply because they were a passenger in a car and the driver was the one who was in actual possession?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person receive a ticket for drug possession simply because they were a passenger in a car and the driver was the one who was in actual possession?
My 17 year old son was a passenger in a vehicle that was stopped for speeding. There were a total of 4 boys in the car. The officer states that he smelled marijuana when he stopped them. All of the boys were searched, the only drugs found were on the driver. The driver was arrested. My son was given a ticket for posession because he was in the car. Is this a valid ticket?
Asked on November 14, 2014 under Criminal Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It is likely that it is not. Actual possession is an element of the crime and for prosecution. But the charge is very serious so I would speak with an attorney asap in order to get the matter taken care of. Good luck.
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.