Saturday, November 5, 2011

DRIVING ON A SUSPENDED LICENSE DUE TO A DUI - FAIRFAX COUNTY

Facts:
Client was driving to the ASAP program when she was stopped by law enforcement. Client was unable to find her restricted license that granted her the requisite permission to drive whatsoever. The officer, thankfully, allowed her to travel onto the ASAP class. Once Client arrived, she discovered that her license fell under her seat.
Disposition:
Case was nolle prossed (dismissed) by the prosecutor.

POSSESSION OF MARIJUANA - FAIRFAX J&DR DISTRICT COURT

Facts:
Marijuana was found in my Client's book bag as he was attempting to enter his school.

Disposition:
Client performed 25 hours of community service prior to court and the Commonwealth's Attorney agreed to nolle pros (dismiss) the charge against him.

Note: While a lot of the facts of this case are omitted intentionally, possession of a controlled substance can only be established if you are aware that the substance is "present," and you are aware of what the substance "is."

So... actual possession = presence + knowledge