Legal Question in DUI Law in Maine

A person drives to a party, gets too drunk to drive back and asks a friend to drive her back home (in her original car). That friend brings with him marijuana and other drugs, and is pulled over. The officer writes the initial ticket and lets the party go, the police officer later shows up the the residence of the owner of the car and questions about the ownership of the drugs seen in the car. The individual who is driven is still intoxicated, and is written up again for the drugs being in her car.

What case does the person who received the ride, in her own car, who didn't own the drugs have?


Asked on 12/26/12, 10:40 am

1 Answer from Attorneys

James Hall Qua, Hall, Harvey & Walsh

Those facts you assert are a defense to the charge. The State will have to prove that you had knowledge that there were drugs in your car to be found guilty of possession.

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Answered on 2/16/13, 12:23 pm


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