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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I have a ticket for violating north carolinas g.s. 90-95(a)

Resolved Question:

I have a ticket for violating north carolinas g.s. 90-95(a) possesion of less than a half ounce of marijuana . but at the time of citation had no marijuana on my person .
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

What is your question?
Customer: replied 7 years ago.
HOw can I be charged with possesion If Idid not posses any marijuana and will this ticket be up held in court.
Expert:  Hammer O'Justice replied 7 years ago.
They can likely issue the ticket because officers can identify blunts and the way they are smoked to get probable cause. However, it is unlikely the ticket will hold up in court because the standard is beyond a reasonable doubt, which is much higher than probable cause. Without recovering any of the suspected marijuana to chemically test and prove for certain that it is marijuana, it is unlikely they can prove the case. So if you challenge it in court, you are likely to win because they can't prove that what you were smoking was marijuana.
Customer: replied 7 years ago.
I also live in georgia where a marijuana conviction will cause you lose yoour drivers liscence for 6 months can georgia take my liscence for a north carolina charge.
Expert:  Hammer O'Justice replied 7 years ago.
It is unlikely that Georgia will because Georgia is not a member of the Driver's License Compact, so any suspension put on your privilege to drive in North Carolina will not be transmitted back to Georgia.
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