Question: I was coming home from a college fraternity party where we were drinking some Georgia craft beers and watching ESPN when I got pulled by a police officer. He asked if he could search my car. I told him he could. He found some pot and beer bottles that my friend left in the car. Can he use the pot and beer bottles against me if I didn't know they were there? I got charged with a DUI.
Answer: Yes, they are evidence and can be utilized against you. However, the weight of that evidence is a question of fact to be determined by a jury. As a practical matter, it could be difficult to convince a jury that you did not know that you had marijuana and beer bottles in the car. If the beer bottles were opened that certainly could have a bearing on the matter.
We are asked this type of question often. Most of the time a driver of a motor vehicle will be found to have knowledge of the contents of his or her car. Therefore it's a good idea to know what your passengers have brought into your vehicle. We have seen cases where a passenger was in possession of cocaine, meth, Xanax, hydrocodone, pot, LSD, crack and hashish without the knowledge of the driver of the car.
Please call The Sherman Law Group at 678-215-4106 so that we can answer any questions you may have about a Georgia DUI charge.