If you are driving your friends around in your car, and one of your buddies has drugs in his/her pocket/purse, you are presumed to be in “constructive possession” of those drugs.
Not fair, right? Well, the top courts have ruled, tough luck, you as the driver possess everything in the car. The bad news is that even though you had no idea that those drugs were present, your driving of the car is enough for probable cause and arrest. The good news is that this type of charge is legally weak and is a good case to try. Usually you’ll be found not guilty after trial. The bad news, again, is that you have to hire a lawyer and go to trial in order to get your “not guilty”.
If you have any questions about the criminal law, give me a call at 508-243-4877. Doug Stoddart.