A higher tolerance?
Jurors in Albemarle express anger over pressing pot charge
By
Published: May 16, 2011
Tags: Albemarle County Circuit Court, Criminal, Judge Cheryl V. Higgins
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The article says “The trouble for Washington started when the car he was in was stopped on a February night because a license plate light had burned out.” I want it to be clear this was not Mr. Washington’s car, and he was a passenger, not the driver. In fact, the driver testified the marijuana was his and pleaded guilty to possession of marijuana shortly after his arrest. The passenger, Mr. Washington, denied the marijuana was his, but made a statement that might be understood as giving him joint possession with the driver. Unfortunately, the jury saw it that way, and decided a $200 fine was sufficient punishment. I imagine this was a compromise verdict, reached without knowledge of the actual consequences, in particular, the loss of the defendant’s CDL. I heard several jurors wanted to fine Mr. Washington $1.00, but were convinced to increase the fine so the community would consider that the jury had taken the matter seriously.