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possession of Open container in car/ Marijuana possession under 1/2 oz , biohazard

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Xplztness

Junior Member
The state i am in Is Georgia .
:( Hello My names David. I am currently in a situation where i was drinking near a mall in a parked car, so we weren't drinking or driving. i think there was a security camera that we didn't spot, and all of a sudden 6 cops come up to my friends car... which he is the driver of.. the cops pulled all 2 of my friends out and myself and arrested us. We had a big bottle of Captain Morgan and a bottle of sky vodka. They charged us with possession of alcohol under 21 / and purchase of alcohol under 21.. well they follow through to search the car of the driver, and they found marijuana in the middle console of his car. the marijuana was not in plain sight.... okay so they now charge all 3 of us, cause no one wanted to confess to the marijuana. so they give us marijuana charges of less than 1/2 oz which is a minor offense . they also charged my friend and I of transporting BioHazardous material in an unmarked vechicle. And wtf does that supposed to mean? I was wondering should i fight these charges of Marijuana and transporting biohazardous material in vehicle.. the Marijuana was not mine or my other friend's, but it was the drivers. so i can fight that possibly right? how can they charge me of it, when it isn't mine and i didn't use it? Can i fight the charge of transporting biohazardous material because i wasnt transporting anything because it wasnt my vehicle to be transportting anything from, right? i was also wondering if i do fight this in court could i say that we weren't drinking alcohol in the car, and say that we were drinking hawaiin punch?.. which we also had in the car. So i could say in court that we was drinking some fruit punch and was planning to watch a movie , then go home and drink liqour. right? They didn't perform a breathalyzer test nor drug test on us. Also, can the police just search a car with no search warrent? O yea and also if my friend writes a statement to the court saying that the marjiuana was his and that he was transporting biohazardous material and not us. do you think that the charges on those could be dropped? I am also contemplating if i should get a lawyer or fight it myself. Well anyways if you have any good info for me and some good ideas what to do . Please reply asap if you can. thanks for all your time, everyone. it's dearly appreciated.
 


Happy Trails

Senior Member
Xplztness said:
The state i am in Is Georgia .
:( Hello My names David. I am currently in a situation where i was drinking near a mall in a parked car, so we weren't drinking or driving. i think there was a security camera that we didn't spot, and all of a sudden 6 cops come up to my friends car... which he is the driver of.. the cops pulled all 2 of my friends out and myself and arrested us. We had a big bottle of Captain Morgan and a bottle of sky vodka. They charged us with possession of alcohol under 21 / and purchase of alcohol under 21.. well they follow through to search the car of the driver, and they found marijuana in the middle console of his car. the marijuana was not in plain sight.... okay so they now charge all 3 of us, cause no one wanted to confess to the marijuana. so they give us marijuana charges of less than 1/2 oz which is a minor offense . they also charged my friend and I of transporting BioHazardous material in an unmarked vechicle. And wtf does that supposed to mean? I was wondering should i fight these charges of Marijuana and transporting biohazardous material in vehicle.. the Marijuana was not mine or my other friend's, but it was the drivers. so i can fight that possibly right? how can they charge me of it, when it isn't mine and i didn't use it? Can i fight the charge of transporting biohazardous material because i wasnt transporting anything because it wasnt my vehicle to be transportting anything from, right? i was also wondering if i do fight this in court could i say that we weren't drinking alcohol in the car, and say that we were drinking hawaiin punch?.. which we also had in the car. So i could say in court that we was drinking some fruit punch and was planning to watch a movie , then go home and drink liqour. right? They didn't perform a breathalyzer test nor drug test on us. Also, can the police just search a car with no search warrent? O yea and also if my friend writes a statement to the court saying that the marjiuana was his and that he was transporting biohazardous material and not us. do you think that the charges on those could be dropped? I am also contemplating if i should get a lawyer or fight it myself. Well anyways if you have any good info for me and some good ideas what to do . Please reply asap if you can. thanks for all your time, everyone. it's dearly appreciated.

Provide the forum with the codes that are on your tickets.
 

The Occultist

Senior Member
You've got nothing. You were charged with POSSESSION of alchol and PURCHASE of alcohol. Can you tell me what part of either of those words means drinking? That's right, you were NOT charged with drinking the alchohol, so nobody cares whether or not you were drinking it, just the fact that you had it, and that you obtained it illegally.

And with marijuana, again, you were charged with POSSESSION, NOT ownership. You do not have to own the marijuana to be in possession of it. The marijuana was in the car, all three of you were in the car, all three of you had access to it, therefore, you were in possession of it. If your friend steps and and takes complete responsibility for the marijuana, yes, there is a chance that that charge may be dropped for you, but that is not by any means a guaruntee since the legal definition of possession does not cater to ownership.
 

Xplztness

Junior Member
Okay the codes to my charges are ocga 6-30 , ocga 40-6-253.1 , co 74-3 , and all of them were citations. I was wondering if i was in possesion of marijuana... i didnt smoke any so .. any it was my friends so all my friend needs to do is write a statement or something to court saying it wasnt mine.. and also transporting biohazard materials... what the hell wasnt my vehicle to start off with.. .. well anyways ill brb later.
 

The Occultist

Senior Member
You obviously aren't paying attention. You don't have to smoke any marijuana to be in possession of it. To have smoked it, yes, you must have possession; but having possession does not mean smoking!!!
 

Xplztness

Junior Member
okay so you are saying i shouldnt even fight this weed charge.. just cause some cop charges us all for it and noone confesses to it??? If someone confessed to it earlier i wouldnt have even got the charge so its basically like i have to fight it
 
C

CALIF-LAWPRO46

Guest
The Occultist said:
You obviously aren't paying attention. You don't have to smoke any marijuana to be in possession of it. To have smoked it, yes, you must have possession; but having possession does not mean smoking!!!

My response:

Why are you bothering?

You know that people from Georgia have a low comprehension level. This is one of the reasons why it's a "Dufus State" - - and this kid is doing a terrific job of keeping the stereotype alive and well.

IAAL
 

The Occultist

Senior Member
Xplztness said:
okay so you are saying i shouldnt even fight this weed charge.. just cause some cop charges us all for it and noone confesses to it??? If someone confessed to it earlier i wouldnt have even got the charge so its basically like i have to fight it
You are partly right. If somebody had confessed that it was their weed to begin with, the officer MIGHT have only charged that individual, but he did not have to do so, even with the confession. The legal definition of possession doesn't say anything about owernship! You do not have to own it to be in possession of it. You can fight it, but even with such a confession odds are you will lose.

You're right IAAL, but I can't resist the urge to educate people...and to talk about something I actually know a little about! :D
 

CALIF-LAWPRO60

Junior Member
The Occultist said:
You're right IAAL, but I can't resist the urge to educate people...and to talk about something I actually know a little about! :D
My response:

I understand the urge. However, when it comes to Dufus State people, if you give them a 10 minute break, you have to start the educational process all over again!

IAAL
 

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