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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
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 reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.
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 are for informational purposes only. If you wish to contact me to discuss your question further I offer a 30 minute free consultation and can be reached at 413-522-6263. If you are not in Massachusetts I am not giving you legal advice as I am not licensed in your state and my comments should be viewed as for informational purposes only.
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
Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.
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