Police initiated a traffic stop on a Defendant with a cracked brake light. The Defendant explained to the Officer that he possessed a restricted business purpose only driver’s license, resulting from a prior DUI conviction. The Defendant also admitted that he was on his way to visit his girlfriend, violating the terms of his restricted driver’s license. The Officer issued the Defendant a warning for the cracked brake light and Driving on a Restricted License. The Officer then requested that the Defendant allow the Officer to search his vehicle and the Defendant complied. Officers found marijuana in the center console of the car and arrested the Defendant. The state charged the Defendant with Possession of Marijuana and Violation of a Restricted License.
Possession of Marijuana
Possession of marijuana in the state of Florida is classified as a first-degree misdemeanor. The following three elements will need to be found true in order for the prosecution to charge the defendant with possession of a marijuana charge:
- The defendant possessed the marijuana in either actual or constructive possession.
- The defendant knew about the substance.
- The substance was marijuana under 20 grams.
Penalties for possession of marijuana under 20 grams equal a year of probation, up to one year in jail, and a fine of $1,000.
There are many other consequences to possession of marijuana charges. People will be subjected to random drug testing if they are placed on probation. They will also be responsible for paying probation and any associated costs with that, including drug testing. The defendant will also have court costs, fines, the cost of the prosecution, and any other fees that the court imposes. Any treatment that is recommended must be completed and paid for by the defendant.
Violation of a Restricted License
Drivers with a restricted driver’s license in Florida are typically given for business or employment purposes. This means the defendant can only operate a vehicle for these two purposes.
Business restricted driver’s licenses are limited to any driving needed to maintain livelihood, including going to and from work, educational purposes, medical purposes, going to church, and job training. Livelihood would involve health, food, clothing, and housing.
Employment purposes are limited to driving to and from work, job training, and any necessary on-the-job driving.
Musca Law Firm
If you have been charged with possession of marijuana or a violation of a restricted license, Musca Law can help you. We have handled many cases similar to these. Our attorneys will find a strong defense in your case and expose the weaknesses of the prosecution.
Please call us today at (888) 484-5057 to schedule a free initial case consultation with one of our experienced attorneys. We look forward to taking on your case!
RESULT: The Defendant retained Musca Law Firm to resolve the charges against him. The Defense prepared the case to go before a non-Jury Trial. The Defense’s strategy struck holes in the case of the Prosecution. The Judge DISMISSED the Possession of Marijuana charge and ordered NO FORMAL FINDING OF GUILT on the charge of Violation of Restricted Driver’s License!