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Good morning. I certainly understand the situation and your concern. Unfortunately, he can be charged since he was the driver of the vehicle and was deemed to be on notice and to have the responsibility when operating his friends truck, that the tints were legal, registration was up to date and correct and that anything else related to the vehicle was in order. The possession charge is interesting because it would need to be determined where the drugs were found. If they were found on your son, it is going to be hard to dispute that the drugs were not his. However, if the truck was his friends and he was helping him drive a load and the drugs were found inside the truck, he could deny knowledge or actual possession. It may be constructive possession but it may be hard to prove that the drugs were his. Your son certainly has a legal right to fight this and make the State prove the charges against him. At the same time, if he was helping this friend drive a load, your son should have known was he could legally do and what was illegal, in regard to the truck and the tints, registration and duty status. He can ask for a plea deal when he appears this morning and resolve the case or can take the case to trial
, testify as to the facts and what happened and even see if his friend will admit to possession of the drugs. Driving the truck and him being in possession does give the State a legal right to charge him, since there would be a presumption that the drugs were his and the other violations he was aware of.
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