Does this look like enough to distribute?

[bigMoJo]

I don't think "having it in the car" is going to rise to the level of beyond a reasonable doubt when it comes to evidence.

Although one never knows what a jury may do.

In the U.S., most States, what's "charged" and eventually what's "convicted" or "pleaded" are two universe's apart. The charges can later be amended to lesser or more charges depending on what the prosecuting attorney's office "feels" they have enough evidence to get a conviction.

If the alleged "distributor" has a good enough attorney, the outcome can be substantially favorable.

However, the windshield and driving on suspended license are deffo going to stick. No way around those. The "intent" to distribute and search of the vehicle are all that's left to fight.

Depending on the laws/penalties just for "possession" of these substances, likely a plea-bargain down for that. This case is not worth anyone's time or money to fight over a distribution charge, unless the defense attorney finds there was an illegal search... then all that gear is out the window. Highly doubt that though.

$5k - $10k for decent legal counsel on this one, without trial in MA, still getting slammed for the windshield and susp lic.

 

[malfeasance]

All true.

We do not even really know if that was the charge. What the police write down is not always charged by the prosecutor. So you can get booked in on some massive charge, which is public record and released in the local paper with your mug shot, and then the prosecutor may not file a charge or files some lesser charge. What the prosecutor does is the real charge, not the police.

On high profile cases the prosecutor will work directly with the police, but that is not how an arrest at a traffic stop works.

 

[Lee_48]

So folks who are not dealers keep it in the car. We see two here who know about others doing it right here in this thread.

Well from my perspective, I have to go to a post office to get my mail so mine always has to go in the car at some point in time. I do not however keep mine in the vehicle, but still run the risk of unfortunately being stopped after a post office run.

 

[bigMoJo]

Well from my perspective, I have to go to a post office to get my mail so mine always has to go in the car .

You bring up a great point... and, reading this whole thread, I couldn't help but imagine who this guy in MA is, and what led him to his arrest.

(*you probably wouldn't drive yourself to the post-office under these conditions*)

What I mean is... think about ALL the pieces of the puzzle and what got this man there:
1. Suspended License - something occured prior to the fateful day, so severe, his license was suspended (DUI? Too many tickets? Didn't pay his child support?);
2. Cracked/broken windshield - he has a suspended license, then decides to drive a conspicuous vehicle with a crack so large it can be spotted from a distance. It's not like we're talking about a "chip." It's a large "crack.";
3. Gear in the car - driving this "jalopy," license suspended, now let's add another problem to the mix.

He knows his license is suspended, shouldn't be driving... he knows the car attracts attention (cracks don't just appear over-night)... and, he knows gear is illegal. Further, I think the people in MA are more "savvy" than let's say people in MS... cops in Mass will eat your sh_t.

Putting all this together... what's he thinking were his odds?

If this guy had just called a $25 Uber, he probably wouldn't be dealing with this, right? Have a "chauffeur" drive you and the gear where you need to go if your lic. is suspended and car is a deathtrap... it's a "no-brainer." I'll bet he STILL wouldn't call an Uber even if he was drinking and needed a ride... just gets behind the wheel... which is probably how his lic. was suspended in the first place.

The word "stupid" is not something I would easily call someone. In this case though, that's what this is.

 

[malfeasance]

I have had a cracked windshield (huge crack!) for 8 years and have never been stopped for it.



I just look very respectable . . .

 

[BamaCrazy]

I have had a cracked windshield for 8 years and have never been stopped for it.



I just look very respectable . . .

My Wrangler gets cracked windshields easy and often. So I ride around for 1-2 years with it cracked until it gets hard to see.

 

[malfeasance]

car is a deathtrap...

 

[Grey Spartan]

My Wrangler gets cracked windshields easy and often. So I ride around for 1-2 years with it cracked until it gets hard to see.

Ya, completely flat windshields have that issue. My old Wranglers always got cracks.

 

[BamaCrazy]

Ya, completely flat windshields have that issue. My old Wranglers always got cracks.

I once waited until a crack split and ran two directions until they stopped before I changed it. Then 30 days later a fool drove off the side of the road and as he was pulling back on he shot rocks into my windshield. 15 minutes later there was a crack running end to end. I left it like that for 2-3 years I was so angry.

 

[little tokyo]

If I remember correctly rich piana had 20 vials in his house when he died and I think that was considered his personal stash. Anyone remember that ?

 

[bigMoJo]

I have had a cracked windshield (huge crack!) for 8 years and have never been stopped for it.



I just look very respectable . . .

I don't want to jinx you, but that winshield can blow into your face while driving... especially if you're driving at high speed.

It's not worth it bro. Spend the $6-700 bucks and fix it. You'll look even more respectable.

Also, you driving around with suspended license and gear in the car?

 

[bigMoJo]

I once waited until a crack split and ran two directions until they stopped before I changed it. Then 30 days later a fool drove off the side of the road and as he was pulling back on he shot rocks into my windshield. 15 minutes later there was a crack running end to end. I left it like that for 2-3 years I was so angry.

My experience with windshields is that it starts with a chip and then a crack developes. If you get the chip "filled," usually that will save it. They sell chip repair kits for $5 or $10 at the auto parts stores or Amazon.

Sometimes, small cracks can be repaired. I've never done it though. I'm 2 for 3 on chip repairs. 2 successful repairs ("filled"), one unsuccessful (caused a larger crack).

I've had, I think, four windshields replaced completely. I don't want to drive around with glass instead of teeth. But, that's just me... this is only a harm reduction forum... everyone has their own risk tolerance.

 

[Stealth500]

Without any evidence of intent to distribute (like communications or witness statements) the legal distinction between possession and distribution isn't proven. A lawyer can argue in court the search was illegal, but it's going to be difficult. Having a camera in your car that records audio is pretty cheap these day.. Worth buying.

 

[JuiceStick]

There was one single time when my dashcam would have been helpful after interaction with police. Unfortunately, "keys on dash, hands where I can see them", so no footage, since the ignition was off.

 

[AlexDavis43]

I have had a cracked windshield (huge crack!) for 8 years and have never been stopped for it.



I just look very respectable . . .

I respect the hustle.

 

[Nemesis RR]

Without any evidence of intent to distribute (like communications or witness statements) the legal distinction between possession and distribution isn't proven. A lawyer can argue in court the search was illegal, but it's going to be difficult. Having a camera in your car that records audio is pretty cheap these day.. Worth buying.

If the amount of the illegal substance is large enough distribution is assumed by the courts. For example having 1 ecstasy pill will be assumed personal consumption without proof of intent to sell it. 1000 ecstasy pills will get you distribution regardless of lack of any evidence to distribute

 

[malfeasance]

I don't want to jinx you, but that winshield can blow into your face while driving... especially if you're driving at high speed.

It's not worth it bro. Spend the $6-700 bucks and fix it. You'll look even more respectable.

Also, you driving around with suspended license and gear in the car?

Still holds together at 135mph (hypothetically - I would never break the speed limit)

Also, estimates are more than twice the upper limit of the price range you stated (not that this is a good excuse for my flagrant lawbreaking hooligan behavior).

And yep, my license is suspended, and I keep my gear up on the dashboard so it can blow all over the interior of the car when my windshield implodes at high speed, woo hoo!

 

[Stealth500]

If the amount of the illegal substance is large enough distribution is assumed by the courts. For example having 1 ecstasy pill will be assumed personal consumption without proof of intent to sell it. 1000 ecstasy pills will get you distribution regardless of lack of any evidence to distribute

Can't really compare extacy to aas. You only need one x pill to have a good time. I don't know of people scheduling their extacy intake. Whereas a year supply of aas is multiple vials of oils, possibly kits of peptides and orals. May be hard to fight in court but saying you have 200 personal use extacy pills because you planned on partying a lot this year vs. I'm a competitive bodybuilder and X amount of drugs is necessary for my yearly regimen.

 

[bigMoJo]

Still holds together at 135mph (hypothetically - I would never break the speed limit)

Also, estimates are more than twice the upper limit of the price range you stated (not that this is a good excuse for my flagrant lawbreaking hooligan behavior).

Now, I'm curious what kind of ride you have.

For the "estimate," I went off one for a windshield I was looking to replace last year, but sold that car instead...



But, for sure, windshields can get expensive.

And yep, my license is suspended, and I keep my gear up on the dashboard so it can blow all over the interior of the car when my windshield implodes at high speed, woo hoo!

Now I'm jealous... I guess I'll have to go and get my license suspended and start keeping my gear in the car... FOMO

 

[Nemesis RR]

Can't really compare extacy to aas. You only need one x pill to have a good time. I don't know of people scheduling their extacy intake. Whereas a year supply of aas is multiple vials of oils, possibly kits of peptides and orals. May be hard to fight in court but saying you have 200 personal use extacy pills because you planned on partying a lot this year vs. I'm a competitive bodybuilder and X amount of drugs is necessary for my yearly regimen.

Good point but the courts will look to what is considered overkill. For example having more a 3 month supply of 2000mg a week could be personal use. Having a year of it would be hard to convince. Especially to a court that thinks anything over 200mg is abuse.