Drugs in the Center Console: When the “Passenger Defense” Actually Works

By: John Guidry

It is hard to believe that the movie El Mariachi came out 25 years ago. It is one of my favorite movies, and I love the director, Robert Rodriguez. Rotten Tomatoes gives El Mariachi a 93%. For you Rotten Tomatoes fans, this is a good number, but worse movies (more expensive comic book hero movies, for example) have received higher ratings.

Here’s the thing: Rodriguez wrote, directed, and filmed El Mariachi in 1993 for $7,000. And he did it in two weeks.

Feeding the crew of a superhero movie costs millions. Yes, millions for food. Again, Rodriguez created a great, classic movie for $7,000.

Rodriguez was once asked by an aspiring filmmaker about how few problems he must now have—with more money to make his films. The student filmmaker explained, “I tried filming my movie on a low budget–but this went wrong, that went wrong, everything went wrong!”

I loved Rodriguez’s response: If you are a filmmaker, you are hired because everything goes wrong. That’s the job.

Did the police find drugs in your car that weren’t yours?

I fix problems. Call John today at (407) 423-1117.

Criminal Defense: Fixing Problems

Same goes for criminal defense. Things go wrong; that’s the job.

Yesterday, a client apologized to me because his witnesses were a tad difficult. He was right, but an apology was completely unnecessary. I fix problems for a living. After 25 years of defending every sort of case imaginable, my job is to fix things. I’m not “The Wolf” from Pulp Fiction, but things get fixed.

Today, we’re going to dive into how we fix the most common drug possession scenario on Earth: drugs in a car.

The Case: Jones v. State

Let’s review the facts in Jones v. State, 256 So. 3d 196 (Fla. 1st DCA 2018). Jones is an interesting case because you have multiple people in a car with drugs. This scenario covers 80% of all drug cases, so pay attention here.

The Stop: A Florida Highway Patrol trooper pulled over Jones for following too close on the interstate.

• Now, we all know that this sort of driving pattern is a total “dick move.” Sure, everyone speeds. Everyone rolls a stop sign. But to tail folks on the highway is going to get you pulled over every time FHP spots it.
• Lesson 1: If you have lots of drugs in your car, don’t drive like a jerk.

The Search: FHP pulls him over, and to keep in character, Jones gives the officer a false name.

• The Formula: Driving Like a Jerk + False Name = Guaranteed Car Search.
• Jones essentially begged the officer to check every inch of that car.

The Discovery: They found:

1. Marijuana (Misdemeanor).
2. Cocaine (Felony). All of these drugs were found in the center console.

The “Smart” Admission

In the midst of all this nonsense, Jones did something smart (accidentally or otherwise). He admitted to the misdemeanor counts, saying something like, “The weed is mine, but I don’t know how the coke got there.”

Jones claimed no knowledge of the cocaine found right next to the weed.

The Legal Question: The cocaine was right next to the weed in the center console. How could he know about one but not the other? Florida law doesn’t care how close you are to the drugs. Proximity alone doesn’t prove anything. (No jury is going to convict the middle school kids in the back of your minivan just because they are closer to the drugs in the trunk than the driver).

The Ruling: Why the Conviction Was Thrown Out

When there are multiple people in a car (Jones had a passenger), the prosecutors have a higher burden of proof called Constructive Possession. They must prove you had:

1. Knowledge of the drugs.
2. Dominion and Control over them.

The appeals court threw out Jones’ conviction for the felony cocaine possession. Why?

1. The “Passenger Opportunity” Defense Jones was out of the car chatting with the officer, while the passenger remained inside. The dash-cam footage showed the passenger was alone in the vehicle for at least nine minutes.

• The Court reasoned: “The State failed to present sufficient evidence… to rebut Jones’s hypothesis that [the passenger] placed the baggie of cocaine in the center console during that time.”

2. The Forensic Failure Accusing someone of a felony shouldn’t be easy. That’s why we have forensics.

• The Court noted: “The trooper took Jones’s fingerprints, but the baggie of cocaine was never tested for fingerprints or DNA.”
• Because the police didn’t do the work to link the specific baggie to Jones, they couldn’t prove he touched it.

John’s Takeaways

• Proximity is Not Proof: Just because it’s in your center console doesn’t mean it’s yours, especially if other people had access to that console.
• Force the State to Do the Work: The State lost because they didn’t test for fingerprints. We always demand the science. If they don’t have it, we use that doubt to your advantage.
• The Value of Silence (Usually): While Jones’ admission to the weed arguably helped him distance himself from the cocaine, generally, silence is safer. Let the lawyer make the argument that “it wasn’t his,” rather than you talking to the police.

Don’t Let Them Pin the Passenger’s Drugs on You

If you were arrested for something found in a shared car, the State has a high burden of proof. We need to find the “independent proof” they are missing.

Call me at (407) 423-1117. Let’s fix this problem.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.