DRUG CASE OF THE MONTH

Sponsored by ByeByeDWI.com

CLIENT ARRESTED FOR

POSSESSION OF MARIJUANA IN A MOTOR VEHICLE

VICTORY IN NEW HAMPSHIRE DRUG CASE

Possession of Marijuana Complaint Dismissed

BASIC FACTS:   Two women in a car are stopped for speeding on a New Hampshire highway by New Hampshire state police in a radar trap.  While the car stopped the trooper reported that he saw the passenger leaning forward in a suspicious way.  The trooper felt the woman had something to hide and began to question her.  Initially the woman did not respond to questioning.  The trooper asked for her driver’s license which she provided.  The trooper then ordered her out of her car for more questioning.  The trooper asked her for consent to search the car.  She did not respond.  He told her if she did not consent he would get a warrant and search the car for drugs or weapons any way. 

After the trooper told the woman he would search for drugs anyway, she admitted to having a bag of marijuana in her purse.  The defendant was arrested and charged with possession of marijuana.  A subsequent search yielded another bag of marijuana in the trunk of the car.

PRE-TRIAL MOTION STRATEGY:          Attorney Stevens filed a motion to suppress the evidence of the marijuana based on the unconstitutional nature of the lack of a warrant to search of the defendant’s car, and that “consent” to search was not voluntary. 

HEARING:    Attorney Stevens moved for an evidentiary hearing on the motion to suppress the marijuana.  At the court date the state provided Attorney Stevens for the first time the necessary certificates that the item was really marijuana, and produced a chemist to testify that the substance was, in fact, marijuana.  Attorney Stevens moved to exclude this evidence because of the last minute disclosure.  The trial court granted that motion, and the state had no evidence upon which to proceed at trial.  Attorney Stevens moved to dismiss the marijuana charge, and the motion to dismiss was granted.

CASE RESULT:        DISMISSED!!! NO CONVICTION; NO LOSS OF LICENSE; NO CRIMINAL RECORD!!!

Attorney Stevens thanks God for this successful defense!!!

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.

Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.