Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control. If an officer finds drugs in your briefcase or purse, you would be considered in possession of those drugs. You may also be charged with drug possession when police find the materials to make a drug or the equipment to use it. If you are found with a certain amount of drugs or you are caught trying to sell drugs or when an officer finds you with a scale, or even wads of cash in some circumstances, you will be charged with possession of drugs with intent to distribute. It is a more severe charge than simple drug possession. You must immediately get in touch with a seasoned Savannah, GA drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more tough.
Whereas a DUI offense involving drugs can be prosecuted by the State even if the drugs are prescribed by a physician, special laws apply to DUI-contraband cases. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Savannah, GA is based upon driving while having an unlawful substance in the blood system. Even though this issue is presently on appeal, the prosecution is not presently required to establish impairment due to the illegal contraband drugs in the system. Mere proof of the presence of a contraband substance or its “metabolites” is sufficient to result in a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should prove that the person was rendered incapable of driving safely as a result of using the marijuana.
————————-Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
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