Legal Question in Criminal Law in Texas
My niece is smoking marijuana. She is driving a car that is in my name. What are my liabilities if she gets stopped by the police and is found to be under the influence or they find her drug paraphanilia in the car? I have confronted her about this and her response is to lock the car and hide the only key.
1 Answer from Attorneys
Generally property is not seized for simple possession. If she is selling the drug, that may be another issue.
If she gets arrested, the car will be impounded unless the police can find someone who is not arrested to drive it away.
Under the law, there is a presumption that the driver of the car is in possession of the contents of the vehicle. Hence if you are stopped and and there is any quantity of marijuana, or any other drug paraphinalia found, you will be charged with possession.
So my advice to you is not to drive the car. Indeed, own a car with drugs is not a great idea.
You may want to sign the tiltle to her.
If you do take possession of the care from her, have it professionally cleaned, inside and out.
If you want the car back and she won't give it to you, you could send her a certified letter demanding that she return the car. If she fails to return it to you, you could report it stolen. Of course this would cause her problems much worse than a marijuana arrest.
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