At some point, almost everyone is bound to be pulled over by the police at least once. Once you have parked your car safely, the police officer may order you to step out, to which you must oblige. Technically, a police officer cannot search your car without a search warrant. The police officer must first have your consent to search your car. There are, however, several exceptions to this.
A car search can be performed without a warrant and without your consent. A police officer can still search your car without a search warrant if he has a probable cause. It can be any of the following:
● A strong smell of drug or marijuana permeates from your clothes or your car.
● Anything in plain view that can justify a search, like a joint in your ashtray.
● A drug-sniffing dog alerts to the presence of drugs.
What Happens When Drugs are found in your Car?
If you happen to carry unlawful and illicit drugs as deemed by Florida State Laws, you could be charged with possession of a controlled substance. Believe it or not, this still includes marijuana. You can possess a controlled substance one of two ways: actual possession or constructive possession. Actual possession occurs when the illegal drug is in the suspect’s physical custody, such as in the pants pocket. Constructive possession indicates that the suspect knows where the illegal drug is and the contraband is within the person’s dominion and control, which will be the case when illegal drugs are found in the center console of your car.
To prove a constructive drug possession case, the prosecutor must be able to prove and establish the following facts beyond a reasonable doubt:
● The accused knew the drug was present in the area it was recovered.
● The accused exercised dominion and control over the controlled substance.
● The accused knew of the illicit nature of the controlled substance.
What Happens to your Driving License?
If you are convicted and adjudicated guilty of any charge relating drugs or marijuana, your driving privileges are automatically suspended. Suspension of driving privileges varies from at least 6 months to a maximum of 2 years. A person could be eligible for a hardship license after 6 months, which is a driving license restricted to business and employment purposes only.
The consequences of being convicted of drug possession can be serious. Whether it is a felony or a misdemeanor charge, a conviction can negatively affect your life, your job, and your freedom.
Consult a Miami Criminal Defense Lawyer Immediately
If you are arrested for possession of a controlled substance in the state of Florida, it is important to exercise your right to remain silent until you speak with a lawyer. Your lawyer must have experience in drug possession cases in Florida.
If you are charged with a drug offense, call Piotrowski Law today. They have a team of experienced, dedicated, and reliable attorneys who are ready to fight for you today. They represent individuals from all over the United States and all over the world that come to Miami and run into problems with the law. Don’t let a single mistake impact your whole life. Call (305) 204-5000 today!