QUESTION

Can I fight the ticket and win when the police searched a vehicle that didn’t belong to me and found a pipe?

Asked on Apr 13th, 2017 on Criminal Law - Missouri
More details to this question:
I was driving without a license but he did not give me a ticket for that and let me drive away without a license.
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1 ANSWER

Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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I recommend that you hire a criminal defense attorney to represent you for your drug paraphernalia charge. Depending on your criminal history and which court your case is being prosecuted in, your attorney may be able to get the ticket dismissed or amended to a lesser offense, such as "Littering." Police must have a reason to pull over a car, and then they can legally search the car without the driver's consent if they smell marijuana or if they claim that you seemed nervous, refused to answer questions, or any number of other excuses. Doesn't matter that the car didn't belong to you. Also, police officer does not have to give you a ticket for driving without a license,even if you were. It's the officer's decision regarding what tickets to issue, and then it's up to the Prosecutor to decide to file charges. The Prosecuting Attorney has up to 1 year (for misdemeanors) from the date of the incident to file charges against you, so they could still end up filing a charge against you for driving without a license if they want.
Answered on Jul 11th, 2017 at 9:30 AM

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