Noisy Muffler Leads to Charges of Possession: Professional Representation Counts! No Conviction!

April 1, 2009
By Musca Law on April 1, 2009 11:01 AM |

Lee County, FL.  Picture019[1].jpgA Lee County Sherriff Deputy was on uniform patrol with his K9 partner when the loud noise of a muffler from a black Honda Civic caught his attention. The Deputy also noticed the dark tinted window on the front passenger side of the vehicle was darker than the legal limit. The officer conducted a traffic stop and made contact with the driver. The driver agreed that his aftermarket muffler was noisy and needed to be fixed. He explained to the officer that he had recently moved from another state and the darker window tint was legal there. He was in the process of removing the window tint on his car and only had one window left to finish. 

While speaking with the driver, the officer noticed the odor of marijuana coming from the interior of the vehicle and asked the driver to exit his car. The Deputy utilized his K9 partner to conduct a free air sniff of the vehicle. The K9 gave a positive alert to the odor of illegal narcotics coming from inside the passenger side of the vehicle. The officer recovered a clear plastic bag of marijuana from the vehicle.

The marijuana field test was positive for THC base and weighed approximately 7.8 grams. The driver was arrested without incident and charged with Possession of Marijuana, Fla. Statute 893.13(6)(b) and Possession of Paraphernalia, Fla. Statute 893.147. He was also issued two citations for Vehicle/Unsafe Condition.

 

In the State of Florida, Possession of Marijuana (20 grams or less) is a First Degree Misdemeanor and carries a maximum penalty of 1 year in jail, along with a $1000 fine. A drug conviction can have serious consequences and negatively impact an individual's future. A criminal conviction can destroy future opportunities and career options in law enforcement and many other professions requiring certification and background checks. A conviction is part of public record and could easily be searchable on the internet in the future. Having experienced professional representation makes a difference when dealing with criminal charges.

The defendant involved in this matter retained the highly-skilled Fort Myers criminal defense attorneys at Musca Law. Our attorneys successfully argued to the State Attorney's Office on behalf of our client. A No Conviction, No Finding of Guilt was issued. The two traffic tickets issued for unsafe vehicle condition were dismissed!