Legal Question in Criminal Law in Virginia

Possible illegal stop and then charge of DWI and possession of marijuana

I was pulled over by an officer. Several minutes later the office came to my truck and said he was confused about my licence plate because my year sticker on my plate did not match the DMV's record. The truck and plate were legal. He left and came back two more times saying each time that he was confused about the plate still. He left and came back a forth time after talking to several other officers behind my car for several minutes, he came back and said my eyes were bloodshot and that my truck smelled of marijuana. He asked me to get out of my truck and had me put my hands on the gaurd rail and patted me down. Then he gave me a sobority test,he then arrested me. I was not given any other tests. i was asked if he could search my truck. i did say yes. The officer and another officer searched my truck cabin for 20 minutes. They found nothing. Then they brought a K9 dog and searched the cabin for another 15 minutes and found nothing. They went around the truck with the dog and found 3 grams of marijuana in a bag in the gas gap door. I was charged with DWI and possession of marijuana that night. Is this legal without a moving violation in the first place? Is this illegal?


Asked on 9/13/04, 12:11 am

3 Answers from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Possible illegal stop and then charge of DWI and possession of marijuana

I would need to know the exact reason for the officer's initial stop of your vehicle. If the stop was not for some allowable reason (speeding, dead tag, swerving, etc) then their might be grounds upon which to seek a suppression of the evidence. Moreover, DWI for Drugs tends to be a harder case to prove and with good legal representation, you may be able to avoid some or all of the nastier penalties that go along with the charges. I'd encourage you to call me as soon as possible so that we might discuss your case.

Christopher Agresto, Esq. for Tom Dunlap

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Answered on 9/13/04, 5:21 pm
Richard S. Stolker Uptown Law, LLC

Re: Possible illegal stop and then charge of DWI and possession of marijuana

Since you gave the police officer your consent to search the truck, and since contraband was discovered during the search, the evidence can be used against you.

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Answered on 9/13/04, 9:28 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Possible illegal stop and then charge of DWI and possession of marijuana

Your case is another example of why no one, under any circumstances, should give a police officer permission to search his or her vehicle.(Of course, if the search was incident to the arrest

the officer would not have needed your permission, anyway.)

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Answered on 9/13/04, 10:35 am


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