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Can Your Attorney Help You Avoid the Mandatory License Suspension That Accompanies Drug Charges?

Interviewer: When someone is charged with marijuana possession, can you help to avoid the license suspension or is it impossible to not have it suspended? Are you able to separate the possession charge from the driver’s license suspension, or are they tied together too closely?

Adam: It’s going to depend partly on the background of my client. The suspension could be avoided if I can get the prosecutor to negotiate to possibly a lesser charge, such as disorderly conduct.

The other opportunity to prevent the suspension typically is determined by the judge. The judge will allow driving privileges is if they’re working, so my client can obtain work-driving privileges. They can also obtain driving privileges to go to doctors, or if they’re in school, they can probably obtain privileges to drive to school.

Will Your License Be Suspended If You Were Not Driving at the Time of the Arrest?

Interviewer: What if the arrest occurred when person wasn’t driving? What if they were caught with marijuana walking around or at home? Are they still subject to a driver’s license suspension?

Adam: They would still fall under the statute because the suspension is considered part of the possession charge, not part of an operating charge.

Interviewer: Is it any less likely that you’ll have license suspension if you’re not driving versus if you are driving, or doesn’t it matter it’s still decided equally?

Adam: Again, that’s going to depend on what court you go to and if you’re negotiating with the prosecutor. If you are open to taking a plea, it might be something that they would consider.

This would be due to the fact that the individual wasn’t in control of the vehicle. Some of the prosecutors are reasonable, and then again, others are going to be tougher to convince.

How Do Drug Quantities Determine Your Charges?

Interviewer: Regarding drug quantities, when does the amount cross the line between just possession and intent to distribute or dealing? Is it five pills versus one pill? Is it an ounce of marijuana versus a gram?

Adam: Again, it’s going to depend on each drug, and everyone is going to have a different amount. The charges will vary per drug and per volume on each one differently.

Interviewer: With prescription pills have you seen people charged with intent to distribute carrying just two or three pills, or are do they have to be in possession of 20 or 30 pills?

Adam: The amount has to be significantly more than just a few pills, obviously. Again, it’s going to vary, based on what type of medication that pill is. I’m going to say it’s above the 30-pill range.

At that point in time, you’re looking at other distinctions also whether it’s just trafficking or if it’s aggravated trafficking drug there’s going to be more than just one cutoff.

By Adam Hunt

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