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Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana

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  • 02-10-2011, 12:42 PM
    jacque48
    Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana
    My question involves criminal law for the state of: Massachusetts
    My minor son (Jon) was a front passenger in a vehicle driven by his adult age friend(Bill). They were pulled over and an officer found marijuana under the back seat. Bill the driver, admitted that the < 1oz of mariajuana was his. The driver was arrested and I was called to come pick my son (Jon) up at the scene. A few days later I received a summons in the mail with a fine for possession. My son was not in possession and the driver admitted to the officers that the <1oz was his. Can I fight this fine?
  • 02-10-2011, 01:06 PM
    antrc170
    Re: Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana
    Sure you can fight it. Your arguement would be that the car did not belong to your son. The substance was found outside of your sons's reach and constructive possession does not apply. You should have Bill testify that the substance was not your sons.
  • 02-10-2011, 01:17 PM
    jacque48
    Re: Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana
    You should have Bill testify that the substance was not your sons.

    Thank you for your reply, but one last question. Would it be as effective to have Bill sign an affidavit if he is unable to appear with us in court?
  • 02-10-2011, 02:17 PM
    That Guy
    Re: Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana
    Quote:

    Quoting jacque48
    View Post
    You should have Bill testify that the substance was not your sons.

    Thank you for your reply, but one last question. Would it be as effective to have Bill sign an affidavit if he is unable to appear with us in court?

    Not sure how much an affidavit will help in that the prosecution cannot cross examine an affidavit.

    I will slightly disagree with antrc's post. Who the car belonged to is not so much an issue... MJ was found behind the back seat and either one (Bill or Jon) could have tossed it back there. "Possession in law" is not about ownership or physical possession. it is more about "access/dominion and control" and it seems that in this case, both Bill and Jon were in possession. Which is the likely reason why the citation was issued in spite of Bill's admission.

    I'm sure the citation is charging your son with a specific statute. Posting that code section number may aid in determining how you should proceed.

    Legal definition of "possession"
  • 02-11-2011, 07:13 AM
    jacque48
    Re: Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana
    [QUOTE=That Guy;492435]Not sure how much an affidavit will help in that the prosecution cannot cross examine an affidavit.

    I will slightly disagree with antrc's post. Who the car belonged to is not so much an issue... MJ was found behind the back seat and either one (Bill or Jon) could have tossed it back there. "Possession in law" is not about ownership or physical possession. it is more about "access/dominion and control" and it seems that in this case, both Bill and Jon were in possession. Which is the likely reason why the citation was issued in spite of Bill's admission.

    I'm sure the citation is charging your son with a specific statute. Posting that code section number may aid in determining how you should proceed.

    94c 32L is the statute
  • 02-11-2011, 08:28 AM
    jacque48
    Re: Minor in Vehicle with Adult Driver in Possession of <1oz Marijuana
    [QUOTE=jacque48;492622][QUOTE=That Guy;492435]Not sure how much an affidavit will help in that the prosecution cannot cross examine an affidavit.

    I will slightly disagree with antrc's post. Who the car belonged to is not so much an issue... MJ was found behind the back seat and either one (Bill or Jon) could have tossed it back there. "Possession in law" is not about ownership or physical possession. it is more about "access/dominion and control" and it seems that in this case, both Bill and Jon were in possession. Which is the likely reason why the citation was issued in spite of Bill's admission.

    I'm sure the citation is charging your son with a specific statute. Posting that code section number may aid in determining how you should proceed.


    This is the second time my son has been in a vehicle where MJ was found. the first time was several months ago and again, the MJ (<1oz) was physically found on the driver. My son was frisked and nothing was found on him. The driver was issued a citation and I was called, and picked my son up at the scene. My son was not issued a citation. My son does not smoke pot, I test him at home every 2 weeks. The problem is that MJ is prevelant in my town and in the High School, many of the kids smoke. This event which happened 3 days ago, my son was in the front seat, the MJ was under the back seat, behind the driver. After being pulled over, and all persons left the vehicle, the officer asked everyone if there was anything in the car that he should be aware of before they searched. The driver said that "he" had MJ under the back seat.
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