Driver Lifestyles

But, it’s not mine!

In this article, we’ll address a common question regarding “possession”. Whether it’s “possession” of alcohol, drugs, etc., there’s a big difference between “ownership”and“possession”. 

You probably remember the old adage, “possession is nine-tenths of the law” and that saying still applies today in more ways than you might think.  Whatever your situation might be, take the time to inventory your belongings and truck. 

There is nothing more shocking than getting pulled over and having a law enforcement official find an illegal firearm, drug paraphernalia, illegal drugs, radar detectors, scanners, etc. that aren’t yours!

Question:  During a search of my truck, an officer found a radar detector in the sleeper.  I share a truck with other drivers and one of the other drivers must have left it in the vehicle.  How can I receive a ticket if the detector isn’t mine?

Answer:  Good question.  Remember, getting a ticket for “possession” of an item has absolutely nothing to do with “ownership” of that item. In fact “ownership” of a particular item is totally irrelevant and isn’t even one of the questions addressed in a “possession” statute. 

Generally, the main issue is whether at the time in question you possessed or had an item in your possession.  It doesn’t matter whether you “owned” the item or that it was not yours.  Unless there is more than one person present, law enforcement generally isn’t too concerned with finding out who “owns” the item.

Also, it’s our experience that the real “owner” of the item or contraband isn’t very interested in coming back to court with us to explain that he / she is, in fact, the true owner of the item and that they’re responsible for the item being in your possession.

Many states have a possession or “use” statute that applies to radar detectors and scanners.  These statutes not only prohibit the use of a radar detector/scanner, but also prohibits the mere possession of these items. 

In some states, these citations are not your run-of-the-mill traffic infraction, but are considered to be a criminal violation!  Also, don’t forget about the total prohibition in the FMCSR’s regarding the use or possession of radar detectors in commercial motor vehicles. You can look this up in the FMCSR’s in section 392.71

Question:  I was recently driving into Canada and was detained at customs while they searched and inspected my truck.  The officer went through my belongings and came out with an unlabeled pill bottle that I use to keep some pain medicine for my back.  I couldn’t provide a prescription for the medicine and was subsequently arrested.  What do I do now?

Answer:  The easy answer is to produce a prescription or documentation from your doctor that you are prescribed this medicine for your described ailment.  Generally, this may be enough to get you out of hot water. However, being in a foreign country poses a twist to the problem as legal systems vary as do the policies of prosecutors. 

Remember, although most of us consolidate multiple medicines for convenience, you should always carry any prescription medicine in the bottle it was dispensed in or at least have the receipt or phone number to your pharmacy where a law enforcement official can verify that you in fact have a prescription for what is in your possession.

We hope you can use the information in this column to help with every day, real life problems you face on the road.  We invite you to send us any questions or comments you may have regarding transportation law to: ROAD LAW, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; fax to (405) 463-0565; contact us through our website at www.roadlaw.net. or call us at (405) 463-0566.  We look forward to hearing from you.