What is the name of your state? Mississippi
go to college in New Orleans and my family lives in Atlanta. I was en route back home when in mississippi on an interstate that had 2 lanes in each direction. I passed a stopped officer, I was not speeding, he pulled behind me. Got very close to my bumper so I got in the right lane allowing him to pass. I then resumed my trip in the left lane. Ahead of me he got in the right lane and since my lane was traveling faster I eventually caught up to him and passed. He then pulls out behind me again and pulls me over. Once pulled over he said that he pulled me over for 'staying in the left lane for more than a mile when not passing.' But here is the real law for that http://www.mscode.com/free/statutes/63/003/0603.htm (here is the important part "(d) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.") I obviously wasnt going at less than normal speed because I was moving faster than the right lane. After that he asks me if I have any drugs in the car or dead bodies, etc. I say no. He then asks if he can search my car and I refuse consent. He gets a drug dog out of the back of his car and another officer arrives. The dog goes around my car several times and puts his legs up on my door because my drivers window was open. The officer rolls up the window and the dog goes around again this time scratches once at the gas tank (on the drivers side). The officer comes back to me and says that the dog alerted him and he is going to search my car. He starts searching and finds a marijuana joint in the passengers side of my car and a bag of marijuana in the trunk (less than 30 grams). I never admitted guilt or even addressed the fact that he pulled marijuana from my car. I simply told them Id have to speak with an attorney. My question is this, did they follow procedure? Since I was pulled over for a law that I didnt violate can I still be prosecuted? Is there a chance that I could beat this case with a good enough attorney? Are there any Mississippi attorneys that are suggested?
I contacted an attorney in Mississippi (Dustin Thomas) and he told me that the state court of appeals had just ruled on a case nearly identical to mine (someone pulled over for being in the left lane and they found controlled substances) and the case had been ruled in favor of the person possessing, does anyone know what case this is?
thanks
Daniel
go to college in New Orleans and my family lives in Atlanta. I was en route back home when in mississippi on an interstate that had 2 lanes in each direction. I passed a stopped officer, I was not speeding, he pulled behind me. Got very close to my bumper so I got in the right lane allowing him to pass. I then resumed my trip in the left lane. Ahead of me he got in the right lane and since my lane was traveling faster I eventually caught up to him and passed. He then pulls out behind me again and pulls me over. Once pulled over he said that he pulled me over for 'staying in the left lane for more than a mile when not passing.' But here is the real law for that http://www.mscode.com/free/statutes/63/003/0603.htm (here is the important part "(d) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.") I obviously wasnt going at less than normal speed because I was moving faster than the right lane. After that he asks me if I have any drugs in the car or dead bodies, etc. I say no. He then asks if he can search my car and I refuse consent. He gets a drug dog out of the back of his car and another officer arrives. The dog goes around my car several times and puts his legs up on my door because my drivers window was open. The officer rolls up the window and the dog goes around again this time scratches once at the gas tank (on the drivers side). The officer comes back to me and says that the dog alerted him and he is going to search my car. He starts searching and finds a marijuana joint in the passengers side of my car and a bag of marijuana in the trunk (less than 30 grams). I never admitted guilt or even addressed the fact that he pulled marijuana from my car. I simply told them Id have to speak with an attorney. My question is this, did they follow procedure? Since I was pulled over for a law that I didnt violate can I still be prosecuted? Is there a chance that I could beat this case with a good enough attorney? Are there any Mississippi attorneys that are suggested?
I contacted an attorney in Mississippi (Dustin Thomas) and he told me that the state court of appeals had just ruled on a case nearly identical to mine (someone pulled over for being in the left lane and they found controlled substances) and the case had been ruled in favor of the person possessing, does anyone know what case this is?
thanks
Daniel