Legal Question in DUI Law in Colorado

Possession Tickets

I have to go to court on June 5th for an alcohol ticket and possession tickets. The thing is the weed found in my car was not mine. Is it possible to still get out of this charge if the person who was responsible for the weed steps up and takes the blame for it? Or because i was the one driving, am i going to get in trouble for it no matter what. please respond back soon as i am trying to figure out my strategy for court. thank you.


Asked on 4/15/07, 11:56 pm

3 Answers from Attorneys

Clifton Hypsher Hypsher & Assoc., LLC

Re: Possession Tickets

I think there is a good chance you could escape the possession charge if the guilty party steps forward. How much was found? Where?

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Answered on 4/16/07, 10:12 am
Jason Savela The Savela Law Firm, PC

Re: Possession Tickets

Possession requires that you know you have the thing and that you know generally what you have. If it was in your pocket and you were holding it for someone, then you have little. But if it was in your car and you did not know it was there, then you have much more. The true owner's statement may help, but 2 people can possess the same thing under the right circumstances.

Is this a DUI or just MIP and Poss of MJ? If it is a DUI type charge, then a likely offer would include dismissing the Poss of MJ without your friend also getting a ticket.

I would be pleased to represent you.

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Answered on 4/16/07, 12:20 pm
Philip Rosmarin Rosmarin Law Firm

Re: Possession Tickets

There are all sorts of possibilities for dealing with the charge.

If your friend will sign a notarized statement attesting that his testimony will be that the weed was his, that you were not sharing it, and that in fact you had no way of knowing he had it (and the police report backs that up circumstantially), it's possible the DA will drop that charge. Of course, this may screw your friend.

It's also possible that the stuff was found as the result of an illegal search, in which case the DA would have to drop the charge.

It's also possible the whole stop was illegal, in which case all the charges would be dropped.

All of this depends on the exact facts of your case, and how they apply to the law. That's what lawyers are for.

Good luck.

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Answered on 4/16/07, 5:39 pm


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