Duluth Man Flees Police But Allegedly Leaves Both Cellphone and Drugs Behind in Abandoned Car

Posted by Richard Lawson | Feb 21, 2019 | 0 Comments

A police chase allegedly ended in an arrest warrant for Jesus Montgomery.

Last weekend, Duluth police attempted to pull Montgomery over for failure to use a turn signal. According to reports, Montgomery sped off reaching speeds of 85 miles per hour until he reached a dead end. That's when, according to police, Montgomery abandoned his car and ran away on foot. Police are still searching for Montgomery.

He is wanted on charges of:

Officers found his cellphone, marijuana, and a scale left in Montgomery's car. As a Georgia DUI Attorney, I will outline the offense of marijuana possession in today's post - as that is a common additional offense to DUI or DUI Drugs in Georgia.

Despite the progression of drug laws in parts of the country, arrests in Georgia for possession of marijuana are a regular occurrence. It is generally considered a misdemeanor charge if you are found in possession of less than one ounce of marijuana and it is your first offense. However, if you are found in possession of more than an ounce of marijuana it is generally considered a felony charge.

Possession of Marijuana in Georgia

Georgia is one of the states that have specific statutes that regulate marijuana crimes. The Georgia Code defines possession of marijuana in Georgia in O.C.G.A. §16-13-3 as:

It is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

To be guilty of marijuana possession in Georgia, the prosecution must prove that the accused is guilty beyond a reasonable doubt. Since it is unlawful for any person to possess a controlled substance in Georgia, the State must show that the accused person possessed marijuana.

Interestingly enough, the possession can be actual or constructive. This means that if someone is not in actual possession, then a person who knowingly has both the power and the intention at a given time to exercise dominion or control over the marijuana will be deemed to be in constructive possession of it.

Anyone who is found guilty or pleads guilty to possession of marijuana in Georgia will lose his or her driver's license for a minimum period of at least 6 months. 

In Georgia, convictions for possession of marijuana stay on your record forever and cannot be expunged. In addition to your record being forever marred with possession of marijuana, a Georgia judge may also enforce penalties such as jail time, fines and other fees, probation and community service.

Practice Note

Police have also been keeping tabs on Montgomery. According to their investigation, Montgomery let his Instagram followers know he got a new cellphone, writing “New phone, same number. Hit me up” in a post shortly after he escaped police.

If you or a loved one has been arrested for a serious traffic offense, such as a DUI in Georgia, contact our offices today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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