I got a marijuana possession ticket while driving in California.?

Question

I know this was stupid. So please tell me something I don't know. For one, is it true the judge will give me an option to take a diversion class that will expunge this from my record? Secondly, will this show up on my dmv record considering the violation was a veahicle code violation, even if I attend the diversion class? Lastly, if an attorney is the way to go, any resources to find the right one?

Thanks for helping. I hope this dumb mistake doesn't affect me the rest of my life.

Actually, it was not a dui arrest. It was a possession ticket NOT a dui tic.

Answer 1

after reading these responses,
i am moving to california

Answer 2

A marijuana possession ticket is a Health and Safety Code violation, a misdemeanor that is treated more lightly than some infractions. A Vehicle Code violation is DUI, you're so screwed, although hard to prove, they will drag this thing out for the good part of you're life. You will eventually break down into nothing and plead guilty, there are dozens more where you came from.

Additional Details:
What is the VC violation for possession? I only know of HSC § 11357(b). I know of someone who had to pay increased college tuition due to loss of financial aid and had their military enlistment delayed for a couple of years because of pleading guilty to this charge. To the best of my knowledge though, this is not an offense that will haunt you for the rest of your life. You can even run for president one day.

And actually you're correct, Judges do appear to be giving out the option of a sort of traffic school for potheads. I believe it was a 12-hour course that runs you an additional hundred dollars or so. The benefit would be the case would get set aside without having to wait the two years (GC § 68152(e)(8)). Go to the public defender's office prior to your court date for more information. But chances are you will have one available at your arraignment and the Judge will be familiar with handing out this class several times before.

Additional Details:
Ha! I was struggling to answer this question under the impression that John S took vacation. Of course he is right and I would not doubt the traveling restriction either. But I am thinking that the diversion class might be a countywide program because I have seen some courts offer this while others I have not. If you have not read them already then here are the Vehicle Code sections for the possession and suspension:
http://www.dmv.ca.gov/pubs/vctop/d11/vc23222.htm
http://www.dmv.ca.gov/pubs/vctop/d06/vc13202_5.htm

While the weed violator school might be a statewide program, I would have to wonder whether regular traffic school would also be required to keep the DMV point off your driver's license. At least it would be a question on my mind if I was in your position. One-point of course being the least of worries, but it would still be on the list of things.

*/End of Line.

Answer 3

The Vehicle Code section for possession of less than one ounce of marijuana while driving is 23222(b). Like the H&S section, the maximum penalty is a fine. AND, like the H&S section, if the person convicted was under 21 there is a mandatory 1-year license suspension, which is a pretty good reason to avoid the conviction if possible, by diversion or otherwise. Additionally, I have heard that even minor marijuana convictions can affect one's ability to travel to foreign countries, which is another reason to avoid a conviction.

Even though you cannot get jail, this is a misdemeanor, so if you cannot afford counsel one will be appointed for you. Otherwise, your local bar association is probably a good place to start for a referral.

ADD: There are state laws which provide programs available everywhere which would result in the charges being dismissed (deferred entry of judgment and Proposition 36 probation). However, many courts also have other informal programs for minor charges like this. Be sure to check it out.

Answer 4

Law questions are best left to the law, But Calif. is pretty cool about some things...Possession isn't a biggie, unless you were DUI..If Not, don't worry so much.

Answer 5

when I was in California my wife lost her purse and the officer returned it along with the vial of marijauna it contained . He said he was not supposed to did anyway . Nice social place California.!!