Driver Found With Open Bottle of Wine, Admits to Drinking

Driver’s License Reinstated; Suspension Lifted!

The Charges

Nassau County, FL. Our client was arrested after a police officer called in a reckless driver that he was following. The driver was stopped, attempted to conceal an open bottle of wine, smelled of alcohol, began to cry, and became confrontational. It was reported that she was unsteady on her feet, performed poorly on the Field Sobriety Exercises, and accused the cops of stealing two one-hundred dollar bills from her purse. While looking for her money, she pulled a coke straw out of her purse and insisted that the cops planted it there (resulting in an additional charge of possession of paraphernalia). She also admitted to drinking, ran a stop sign, drove on the strong side of the road, and refused a breath test.

Failure to Appear at a Formal Administrative Hearing

As a condition of “due process,” the government cannot take any property interest from you unless your attorney has had a chance to challenge the intended actions. The defendant’s attorney may wish to subpoena witnesses or police officers that arrested the defendant for this. If a police officer or witness fails to show up, they are not able to give testimony, which makes it difficult for the court to charge the defendant fairly.  

Possession of Paraphernalia

Possession of drug paraphernalia is a first-degree misdemeanor in the state of Florida.  This includes a long list of items that are intended to be used for the production, harvesting, manufacturing, injecting, ingesting, testing, analyzing, storing, packing, repacking, compounding processing, preparing, converting, concealing, transporting, or inhaling of controlled substances.  

Common examples of drug paraphernalia include:

  • Needles and syringes
  • Containers used for storing or transporting 
  • Blenders, bowls, and spoons
  • Rolling papers
  • Ceramic, metal, wooden, acrylic pipes
  • Scales and balances
  • Baggies
  • Cutting devices
  • balloons
  • Bongs
  • Punctured metal bowls
  • Hashish heads
  • Roach clips
  • Water pipes

Penalties for possession of drug paraphernalia include up to one year in jail or 12 months of probation. There will also be a fine of $1,000.

Those on probation will be required to take random drug testing and may also be required to complete a drug program.

Musca Law Firm

If you have been charged with possession of drug paraphernalia or other criminal charges, you want a lawyer on your side that will aggressively fight for your rights. We at Musca Law Firm do just that. Our number one goal is to obtain the most positive outcome on your behalf. We will develop a strong and strategic defense that will work to your favor. Please call us 24 hours a day at (888) 484-5057 to schedule a free initial case consultation with one of our experienced attorneys. We serve all of Florida with multiple offices located in various cities, such as Miami, Naples, New Port Richey, West Palm Beach, Clearwater, and Fort Walton Beach, etc. across the state. 

RESULT: One of the witnesses subpoenaed for the Formal Administrative Hearing failed to appear and failed to provide good cause. Thus, the suspension was lifted and the LICENSE WAS REINSTATED!