Clarkesville, GA asked in Criminal Law for Georgia

Q: Do they have to show intent when trying to convict for crossing the gaurd line with a drug?

She was attending DUI court was sanctioned to serve 4 days in jail. She had an Adderall pill which she has a script for on her but it wasnt in bottle

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: No intent necessary. There’s a sign in front of the jail that says passing the guard rail. Now, if she did have a prescription and the pill is actually what was prescribed then the argument can be made. However, it may not be as simple as an explanation, you may need an attorney cause motions may need to be filed and argued or even a trial.

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