Would I be able to have the charge of possession of cannabis dismissed since I can prove that I have a valid driver’s license?

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Would I be able to have the charge of possession of cannabis dismissed since I can prove that I have a valid driver’s license?

I was arrested and charged with driving with no license but I do have a license. After the arrest the officers found cannabis in my car. Since I have a driver’s license the driving with no license charge should be dismissed. Without the arrest, the officers would not have searched me nor my vehicle; so, should the possession of cannabis charge be dismissed as well as the state cannot provide probable cause to search my person nor vehicle?

Asked on November 2, 2011 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were stopped for a suspected offense and the police officer then cited you for driving with no license, but it was later discovered that you had cannabis in your possession resulting in another offense charged against you, unfortunately the possession of the cannabis charge will most likely remain even though you do have a valid driver's license.

I suggest that you consult with a criminal defense attorney about the situation that you are in so as to assist in possibly getting the charges reduced or even dismissed.

Good luck.


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