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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default Back Seat Passenger Charged With Alcohol, Possible Drug Charge Possession

    My question involves criminal law for the state of: Iowa
    I'm starting with 2 issues as a back seat passenger I got 1 ticket at the scene for alcohol possession. The ticket I received stated alcohol possession second even though I have not received a possession of alcohol first. how could that be could I possibly get off the charge? Would an OWI charge count as a possession charge if I am also in the process a pleeding down the charge? Secondly the officer found marijuana in the fron seat of the car which the other passengers owned up to being there's. The officer didn't charge me on scene but got my number and said ge was going to call me a month t 2 months after he got results back after getting it testing at "the lab". If I wasn't aware of marijuana in the car can I get charged? If not charged at the scene can he reoccur it on a later date?
    I look forward and will appreciate hearing any advise you'd have to offer.
    Thanks,
    TeflonDom

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Unfortunate Situatiin but Definitely Fightable

    Ok, you ask several questions here. So, let me try to take them in order. I am more familiar with Washington law than Iowa, but I think my answers should apply there too. First, alcohol possession second means "in the second degree," not second offense. Second degree is a lesser offense than first degree.

    I am assuming that you are under the legal drinking age and that is what the illegal alcohol possession is about (rather than just an open container in the car). So, an OWI certainly includes illegal possession (unless it was for drug intoxication). You can't be intoxicated unless you were in possession of alcohol. BUT, because I think you misunderstood what the "possession second" meant, I think it is a moot point here. With that being said, this new charge could very well negatively affect you chances of pleading down the OWI.

    About the marijuana charge, this is a tricky question that will vary from state to state. However, it is quite possible that in Iowa if there is dope in the car then everyone in the car is considered to be in "constructive possession." This is particularly true when the dope is not found on a specific person but just stashed somewhere in the interior of the car. It don't matter if someone "owned up" to it being theirs.

    And, yes, you can be charged later even if not charged at the scene.

    The good news is, if you ARE charged with the marijuana, your chances of beating it, or at least getting a good plea deal, are IMO pretty good (unless you already have a history with the prosecutor/judge/court and he/she is sick of seeing you). There MAY be some bad search issues here (as in the officer did not have a legally sufficient reason to search and find the dope) and the "constructive possession" theory is pretty easy for a decent defense attorney to muddy up and confuse a jury. But, you will need a lawyer to argue either of these possible defenses.

    My advice is to quit drinking until you are old enough to do so legally (you don't seem to be very good at not getting caught) and dump your loser friends with dope in their pockets. Friends like that attract sh&t and the splatter will always get on you too, if you are with them.

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