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Newnan Traffic Stop Results in Drug Charges

Posted by Richard Lawson | Nov 16, 2020 | 0 Comments

Clayton County Courthouse

Newnan, Ga. – According to reports out of Newnan, Clayton County officers pulled a vehicle over for speeding in Georgia. The traffic stop led to the officers noticing an odor of marijuana.

This led to a further investigation. Officers asked for the driver to get out of the car after discovering that he had an active warrant out of Fayette County. The driver then attempted to flee the scene on foot. One of the officers was able to stop the driver and arrested him. The other officer searched the car and discovered over an ounce of marijuana.

As a Georgia DUI Lawyer, I will outline the law behind the offense of possession of marijuana in the state of Georgia. Possession charges are quite common in cases for DUI in Georgia.

Possession of Marijuana in Georgia

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

Call our offices today if you or a loved one has been arrested for drug possession or driving under the influence. We can help you now.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

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