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Caught with coke in car? "It's not mine it's a passengers"

Ismene

Bluelighter
Joined
Jun 17, 2005
Messages
13,158
Never heard this one working before - do you think it would work for anyone else or just the billionaires kid?

A banker's son who was found to have cocaine in his car when he was stopped for jumping traffic lights was let off by magistrates without penalty for the drugs.

Officers who pulled him over found he was disqualified from driving and also discovered a biscuit wrapper containing cocaine in the passenger footwell.

Agostinelli, of Cadogan Gardens, Chelsea, passed a drugs test and told police he didn't use drugs and that the cocaine must have belonged to a passenger, whom he refused to name.

The court heard Agostinelli was stopped just after 6pm on 30 January after he jumped traffic lights in Sumner Place in South Kensington.

Prosecutor Jade Adenubi said: ‘He was questioned about the drugs in the car and he said in relation to that, that he didn’t use drugs himself.

‘He said they asked him in relation to the item that was seized, the white powder, "Were you aware of what it was?" and he said "I’m not going to lie, I knew what it was".’

Agostinelli said the drugs were left by a ‘degenerate’ and a recreational drug user, the court heard.

The court was told that in interview, the financier's son said: ‘I would rather not say, I don’t want to involve someone else right now.

'He is a recreational drug user who doesn’t really do it that often.'

He said: ‘I was scared, I am not a criminal, I don’t want to be in that world or associated with it.’

Mark Haslam, defending, said that receiving a drugs conviction would have significant consequences for the student who survives on a ‘modest allowance’ from his family. His family live in the US including his dying grandmother, who is dying of cancer,’ added Mr Haslam. "You can't get into America with a drug conviction you know" said Mr Ismene from the balcony.

And he said the defendant pleaded guilty to the drugs charge on the basis that the cocaine was in the car, although he said it did not belong to him.

District Judge Quentin Purdy told Agostinelli: ‘I am prepared to treat the drugs matter as being possession in a very technical sense - but not as a drug user or abuser and not with intent to supply.’

'I'm going to make no separate penalty as far as [the cocaine] is concerned - it is an unusual disposal'


http://www.dailymail.co.uk/news/art...es-stopped-police-jumping-traffic-lights.html
 
"You can't get into America with a drug conviction you know" said Mr Ismene from the balcony.

Outstanding. :D

Like you, I can't see this happening to anybody other than a billionnaire's son.

Love the pointed reference to a 'modest allowance'. Very good. Bet it's anything other than modest.
 
Agostinelli said the drugs were left by a ‘degenerate’ and a recreational drug user, the court heard.

i feel offended!

poor billionaires son. with the dying grandmother and all. and the modest allowence. not like cocaine is prevalent among the rich with mercedes running lights or anything.
 
Its not mine. Picked up a hitchhiker who just got out. Yes going from experience (what I have read on the net) it looks like a controlled substance - I had zero knowledge it was A in my car) B) the random person I picked up was involved with any illegal activity c) As I have zero defense or explanation as to why that substance (now to be tested as coke) is in my car I have zero defense in explaining why that substance is in my car.
 
Never heard this one working before - do you think it would work for anyone else or just the billionaires kid?

Having studied law, I can tell you that case won't really set any precedents. It comes down to the peculiarities of the case - it was a personal amount I assume & the kid clearly was a model citizen.

I think you would need good representation for that outcome all the same though.
 
Having studied law, I can tell you that case won't really set any precedents. It comes down to the peculiarities of the case - it was a personal amount I assume & the kid clearly was a model citizen.

I think you would need good representation for that outcome all the same though.

Good representation? Johnny Cochran would have had a hard time getting them to accept the "It's not mine" defence.
 
Good representation? Johnny Cochran would have had a hard time getting them to accept the "It's not mine" defence.

I can understand why someone unfamiliar with the law might say that but it's the peculiarities.

a) It was in his car, not on his person.

b) He made no claims of ignorance, clearly stating he knew what it was & why it might have been there.

c) He had no drugs in his system & there was nothing to suggest he was a drug user.

Further:

District Judge Quentin Purdy told Agostinelli: ‘I am prepared to treat the drugs matter as being possession in a very technical sense - but not as a drug user or abuser and not with intent to supply.’

'I'm going to make no separate penalty as far as [the cocaine] is concerned - it is an unusual disposal'[/I]

Note, the Judge said the drugs were in his possession but not in any way which would incriminate him. So it wasn't "It's not mine" that got him off the charge.

Now, I have no idea what an "unusual disposal" is, but clearly that means exactly what it says. As I keep saying, it was settled on it's peculiarities, which is the exact sort of thing that happens when you see someone getting off a charge with good representation. That is what you pay for.
 
99.9% of the time that wouldn't even be worth the hassle of arguing. If it's just you in the car you shouldn't really have no chance. If the cars full you can all say it was someone elses, but then they'd just arrest all of you for questioning until inevitably one of them will squeal.
 
99.9% of the time that wouldn't even be worth the hassle of arguing. If it's just you in the car you shouldn't really have no chance. If the cars full you can all say it was someone elses, but then they'd just arrest all of you for questioning until inevitably one of them will squeal.

Nah - theres drugs in a car your driving. That you cannot deny - after that = you know nothing !
 
Ye I know, but if that's the case they arrest everyone like I said, they can't just go 'Oh, well no-ones admitting it's there own, let um' go chief'.
 
You are right having drugs in your car pretty much put's the onus on you to prove they aren't yours.

I mean, there might be no direct evidence that they are yours, but with enough circumstantial evidence, they can pin it on you.

Hell. I'm probably boring you lot.

Biscuit wrappers are far more interesting! What if was in a foil, like a Tunnocks wrapper... I assume the dual uses for the wrapper might lead to tougher sentencing?
 
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