Asked 6/13/2016 – Allen, TX

I was driving from Walmart one night and for some reason a cop pulls me over for having my brights. When he pulled me over there was smoke in the car he had the right to search my car i told him there was a little roach in the seat after I was honest with him he let me destroy the evidence but he then still charged me for having drug paraphernalia if i take this to court could I possibly get this case dismissed??

Answer

Possibly get the case dismissed? Anything is possible, but dismissal in this case is not likely. You were stopped for a traffic violation, there was smoke in the car (I assume it was NOT cigarette smoke), and upon questioning before a search, you admitted to having drug paraphernalia in the car, which the officer discovered. Please note that this entire transaction was probably recorded by the officer’s body or dash camera. I am not sure what your technical defense would be, or the grounds for an acquittal on the basis of reasonable doubt. Contact a local attorney to keep this from becoming a conviction on your criminal record.