What would happen if you were pulled over in Massachusetts and the driver and passengers had been smoking a vaporizer of weed

Asked about 2 years ago - Spencer, MA

and there was closed containers of alcohol in the car out of sight. Would it all fall on the driver for a dui and transporting alcohol under age? what about the passengers?

Attorney answers (5)

  1. Terri D. Leary

    Contributor Level 15

    5

    Lawyers agree

    Answered . This would depend upon the nature of the stop. If the police had a vallid reason to stop you, such as speeding, erratic operation, marked lanes violation, etc., then the officer could cite the driver for operating under the influence. If the driver is underage, the consequences are more severe than that of an adult. If the driver was found to be OUI, and it was obvious the passengers were also OUI, then the car would be impounded and inventoried. Each of the passengers may be issued a civil citation for possession of marijuana if there was less than an ounce in the car, and possession of a class D drug (or intent to distribute) if there was more. If the vaporizer is in the car, it will be attributed to everyone as drug paraphernalia. The alcohol will also be attributed to each of the occupants, unless it is in the trunk. If it's in the car, everyone is considered to be in possession.

    If you need more specific information, feel free to contact me directly.

    Providing users with information is not intended to create an attorney/client relationship. However, if in... more
  2. William N. Chambers

    Contributor Level 13

    4

    Lawyers agree

    Answered . This is a tricky question that would depend on a lot of factors not mentioned, such as probable cause of the stop, whether citations/tickets were issued, etc. If this actually happened to you contact a criminal defense attorney asap to discuss the best way to handle your case.

    If you are in Massachusetts, my answering of your question does not constitute an attorney/client relationship and... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . In order to properly and legally competently evaluate your case for any requisite Motions to suppress evidence you need to meet with a good criminal defense attorney in MA who could examine all facts of the traffic stop for flaws, and further learn of any legally available options for such Motion from the discovery.
    Without that, it is virtually impossible to predict what would happen to your criminal case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Gregory David Spink

    Contributor Level 11

    3

    Lawyers agree

    Answered . It may be hard to prove impairment solely from marijuana consumption. It will depend on 1) your driving, 2) statements you made to the officer regarding consumption, 3) drugs found in the car or on your person, and 4) any drug related field sobriety tests performed. There are many factors but these are the big ones, find an attorney with experience fighting Marijuana DUIs. Below is a website to links of attorneys who handle situations like yours. #MeckDWI

    www.norml.org
    #norml
    @norml

    Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties.... more
  5. Valerie J. Semensi

    Contributor Level 9

    Answered . I agree with Attorney Leary except for the possession of alcohol answer. It depends where it is located in the car and whether or not there is a smell on someone's breath...or other's breaths. There can be constructive possession of alcohol if it is located near you...for example, if the bottle is between the driver and front seat passenger, both are charged. If there is someone in the back seat, that person may not be charged as he is not in a position to exercise control over the bottle. It's a bit confusing.

    Best of luck!

    Valerie Semensi @ 781.383.1940

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