It’s common knowledge that drug possession is illegal. A little less well-known is it is also illegal to possess drug paraphernalia. If you are pulled over, Texas driving laws state you have the right to refuse consent to a vehicle search. Exert your right. It both saves time and yourself from any further citations.
Texas Driving Laws
Often drug paraphernalia citations are received during traffic stops. Before any search may be conducted, the officer must obtain your consent. However, there is an exception. If it is readily apparent to the officer that there are drugs, your right to refuse is waived. So, the first rule is to not give an officer any reason to suspect you are traveling with illegal items or substances. The second rule is to refuse consent to any searches.
Drug Paraphernalia Charges
Drug paraphernalia is defined as any items or equipment involved in manufacturing, distributing, or using illegal substances.
Commonly drug paraphernalia tickets are issued for:
- packaging products, i.e. small baggies with drug residue
- pipes or other devices used to smoke marijuana
- scales used to measure and weigh drugs
- metal or glass pipes used to smoke crack/cocaine
- products such as UV lights used to grow marijuana plants
- syringes and other equipment used to prepare and inject heroin or comparable drugs
- chemical or equipment used to manufacture methamphetamines
- freebasing equipment
A person may be charged with drug paraphernalia possession if they knowingly use, possess, or own the item(s) with intent for controlled substances to be:
- concealed
- ingested
- packaged
- inhaled
- stored
- injected
- processed
- manufactured
Texas driving laws categorize possession of drug paraphernalia as a Class C misdemeanor. If convicted, offenders may face a fine of up to $500.
More seriously, if the State determines you were not only in possession of drug paraphernalia but provided the item(s) to another individual or possess or manufacture drug paraphernalia with the intent to distribute, you may face additional delivery of drug paraphernalia charge. Texas classifies this as a Class A misdemeanor punishable to up to a year in prison and a maximum fine of $4K.
Although drug paraphernalia may seem like a minor charge, it often leads to more serious drug offenses. As mentioned, if the State has reason to suspect the drug paraphernalia found indicates you were engaged in drug possession, delivery, or trafficking, it may be admitted as evidence against you for drug delivery charges.
Seek Representation Immediately
If you have been charged with possession of drug paraphernalia, our criminal attorneys are here to help. We will seek to have the charges dropped and mitigate the damages. Give us a call for a free consultation, and we’ll begin strategizing your defense. We’re here to help.
It may seem counter-intuitive to hire an attorney on traffic violations but that in most cases it will save you money. If your cases get dismissed then you will own no court cost or fines. Even if the traffic violations are not dismissed, you will still save money since we frequently avoid a conviction. In traffic ticket cases, a conviction will result in points on your driving record, a spike in monthly insurance premiums, and may even result in your license getting suspended. We can always reduce fines on traffic tickets and we are able to take care of your case from start to finish without you ever having to appear in court. To find out how we can help you, contact our traffic attorneys at (512)-400-7070 for Texas Driving Laws defense. We will schedule an initial client consultation to review your citation details and lay out a game plan for traffic violation citation.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an attorney to protect and defend your rights. Call us and be surprised at the quality you receive compared to what other law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our criminal lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
