“It’s Not Mine, I was Just the Driver”: Why Knowing About the Drugs Isn’t Enough to Convict

By: John Guidry

How many of you have had a “shady friend” at one time or another? None of you? I find that hard to believe. Let me share first.

I know a girl who is a habitual cheater, but it’s the way she hooks up that adds insult to injury. She will call her girlfriend on speakerphone just so her current boyfriend hears the friend’s voice. Once the boyfriend is at ease, the girlfriend on the line places a three-way call to the “man on the side.” She makes her rendezvous plans right in front of her boyfriend under the guise of hanging with her girlfriend. Shady.

The Criminal Version: What about the friend in Orlando who sells weed or carries pills? What happens when you are giving that friend a ride, the police pull you over, and they find his drugs in your car?

• The Problem: You knew the drugs were there.
• The Question: Is “knowing” enough to send you to prison for trafficking?

Did the police arrest you for your passenger’s drugs?

Knowledge is not possession. Call John today at (407) 423-1117.

The Case: Byers v. State (The Brass Knuckles & The Backpack)

This unfortunate scenario happens constantly in Orlando. Today’s real-life example comes from Byers v. State of Florida, 17 So. 3d 825 (Fla. 2d DCA 2009).

The Facts: Police responded to a motel where they found Byers standing outside.

• The Arrest: They asked if he had weapons. He admitted to having brass knuckles in his pocket. (Old school, but illegal). He was arrested on the spot.
• The Friend: Police entered the room and found his friend, Gutierrez, taking a bong hit.
• The Search: Police searched Byers’ car and found a backpack full of Methamphetamine (a Trafficking amount).

The Admission (The Mistake): When confronted, Byers admitted:

1. He knew the drugs were in the backpack.
2. He knew Gutierrez intended to sell them.
3. He agreed to drive Gutierrez to the motel in exchange for a small piece of the product.

Byers went to trial and was convicted of Trafficking in Methamphetamine.

The Ruling: Knowledge vs. Dominion and Control

On appeal, Byers argued that even though he knew about the drugs, he never possessed them. The drugs belonged to Gutierrez.

Constructive Possession 101: When drugs are not in your pocket (Actual Possession), the State must prove Constructive Possession. This requires two things:

1. Knowledge that the drugs are there.
2. Dominion and Control over the drugs (the ability to use them or tell others what to do with them).

The Reversal: The Appeals Court overturned the conviction.

• The Logic: Byers admitted to #1 (Knowledge). But the State failed to prove #2 (Control).“The evidence established that Byers knew the methamphetamine was in the car… [but] it does not exclude Byers’ reasonable hypothesis of innocence that the drugs in the backpack belonged exclusively to Gutierrez.”
• The Lesson: You can know your friend is holding. You can even drive him to the deal. But if you don’t have the right to reach into that bag and take the drugs, you do not “possess” them.

John’s 2026 Update: Touch DNA & Digital Receipts

Note: In 2009, Byers won because the police couldn’t prove he touched the bag. In 2026, they use science to prove it.

1. The “Touch DNA” Revolution In the old days, we argued about who owned the bag. Today, the Crime Lab settles it.

• The 2026 Reality: Police now use “Touch DNA” swabs on zippers, handles, and plastic baggies.
• The Danger: If Byers had touched the zipper of that backpack just once, his skin cells would be there. In 2026, that DNA evidence creates a presumption of “Dominion and Control.” If your DNA is on the bag, the Byers defense usually fails.

2. The “Digital Dominion” (Text Messages) Prosecutors now use your phone to prove you were “partners” rather than just a driver.

• The Scenario: If Gutierrez texted Byers: “Don’t forget to grab the bag,” or “Is the package safe?”—that proves Control.
• The Defense: Conversely, if we find texts from Gutierrez saying, “Don’t touch my stuff,” or “I’ll handle the bag,” we use those digital receipts to prove Lack of Control.

3. The “Rideshare” Defense With the explosion of the Gig Economy, the “Just the Driver” defense is stronger than ever for Uber/Lyft drivers.

• The Law: Florida law has evolved to protect drivers from passenger property. If you are a verified rideshare driver on an active trip, there is a legal presumption that you do not possess the contents of your passenger’s luggage.

Don’t Talk Your Way Into Prison

Byers almost talked himself into a 15-year sentence by admitting he knew about the deal. If you are pulled over with a “shady friend,” say nothing. Let the police figure out whose bag it is—don’t help them.

Call me at (407) 423-1117. Let’s prove you were just the driver.

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.