Alchohol/Drugs in car
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 15 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
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.