Client Arrested on 3 Counts Possession, DUI & DUI with Property Damage


The Charges

Police responded to a traffic crash. A driver failed to stop and struck another vehicle waiting at a stop light. The Officer noticed the offending driver acted impaired; he had slurred speech, watery eyes and smelled of alcohol. The Defendant failed Field Sobriety Testing and blew .155 & .139 Breathalyzer Test. The Officer conducted a pat down search of the Defendant and located marijuana, a smoking pipe and 5 Alprazolam pills. The Officer arrested the Defendant for DUI, DUI Property Damage, Possession of Alphrazolam, Possession of Drug Paraphernalia, Possession of Cannabis and Careless Driving.

Possession of Alprazolam

Under Florida law, possession of Alprazolam (Xanax) is a third-degree felony if there is not a valid prescription. This drug is on the Schedule IV list. This felony could have the potential penalties of up to five years in prison, five years of jail time, and a fine of $5,000. Anyone that is arrested on possession of Alprazolam will also have their driver’s license suspended for one year. 

Possession of Cannabis

In Florida, cannabis is a schedule I drug. If the individual has 20 grams or less, he or she will be charged with a first-degree misdemeanor. If there are more than 20 grams, a third-degree felony will be charged. Cannabis concentrates are not included on this, such as cannabis oil, cannabis budder, or hashish oil. 

A first-degree misdemeanor will be charged with up to one year in jail, one year of probation time, and a fine of $1,000. A third-degree felony will result in up to five years in prison, five years of probation time, and a fine of $5,000. Anyone that has been charged with possession of cannabis will also have their driver’s license revoked for one year. 

Musca Law in Florida

If you have been charged with possession of Cannabis, Alprazolam, or any other drug, as well as drug paraphernalia possession, you need to consider legal assistance to help you fight in court. 

At Musca Law, we will fight for your rights. We have won many drug charges cases, or have had charges reduced significantly. We have aggressive defenses that truly work. Our firm offers a free initial consult, and all of your information will be kept confidential. We serve clients all across the state of Florida with many different locations. Our phones are answered 24/7. Call us today to schedule an appointment to meet with one of our experienced and skilled attorneys. 

RESULT: The Defendant faced heavy sanctions for his crimes. He retained Musca Law to fight the serious charges against him. The attorney arranged for the Client to participate in Drug Court and the Prosecution DISMISSED all charges of possession. The Defense moved forward with DUI proceedings and the Court ruled no formal finding of guilt on the charges of DUI and DUI with Property Damage. The Defense also convinced the State to DROP the remaining Careless Driving charge