QUESTION:
They found meth in the car stuffed in the side of the seat on my (passenger) side. They asked if it was mine and i said yes because i felt threatened by the driver. I got the ticket but pled not guilty. Do i have a chance of beating this?
ANSWER:
It’s a fact sensitive inquiry that is specific to your case. But if the driver is willing to testify on your behalf, you have a decent chance. If this was Atascadero Police, they have rather good body worn video and dashboard video, so you’ll be able to recreate some of the stop. And if you’re eligible for PC 1000 diversion or Prop 36 drug treatment and you’re not on probation or parole, you can take the case to trial, and even if you don’t prevail, you can’t be incarcerated if you’re willing to enter treatment. Ultimately, if you didn’t do the thing you’re accused of doing, you should definitely fight the case.
