It is not uncommon for a traffic stop to go from a mere speeding ticket, to a DUI, to possibly a drug charge. This is because when the police pull you over for a traffic violation if they believe you have been drinking they will ask you to take a breath test. Further, if the circumstances are such that the officer believes there to be contraband in your vehicle he will likely do a search of your car. If there are drugs found, even a small amount of marijuana, you can also be charged with possession. In order to understand how what seems like getting pulled over for speeding can escalate so quickly, it is important to know how the law of search and seizure works.

A search and seizure in the case of a possession of marijuana charge is governed by a Florida State Supreme Court case. In that case the Court found that a search is warranted under the following circumstances:

  • The traffic stop is valid (which is something that will not be open to debate at the time of the stop, but you may be able to challenge the validity of the stop during your case, and if successful keep out harmful evidence of possession).
  • During the stop the officer even so much as smells marijuana.

These two things to know about traffic stops and searches will help you to know which direction to take for your defense. Looking at the particular facts of your case will be required in order to identify facts that show the police action as improper. Our team of drug possession, and DUI defense attorneys knows how to examine a case and pinpoint the pieces of evidence that are most beneficial to you. Depending on the specific facts of your case you may be able to have the possession charge dismissed or reduced, and the same can be said of the DUI charge. Call us today to find out what your options are, and let us put our experience to work for you. A DUI conviction can create many obstacles to your continued right to drive and your ability to remain free, when a possession charge is added the stakes are even higher. Protect your rights by calling us today.


If you have questions about DUI’s, search and seizures, or possession charges, call our office for answers. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.