traffic court, cited wrong infraction (marijuana related)

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snorkleboy

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I was pulled over a month ago by a officer for using my cell phone while driving. In the process of citing me he noticed I had near empty jars of marijuana (I am a medical marijuana patient). He writes me a ticket for cvc 23123 (cell phone), and cvc 23222(b) possession of marijuana in a vehicle.
Fast forward a month I went to court to show the judge my doctors recommendation for marijuana, and the court clerk says that the infraction on my docket number is the cell phone and cvc 23223(b) open container. I was confused, but I had heard that marijuana infraction are now in the open container laws and I did not have my original ticket with me so I went with it.
I pleaded not guilty and now have a court case in 2 months. I went home and checked the ticket the officer wrote me in the field, and he indeed wrote 23222(b) vc poss marijuana not 23223(b) passenger open container. How should I proceed? Is there a chance it will be dismissed (I did not have any open containers of alcohol)? Or will my charges simply be changed?
 
snorkleboy said:
I was pulled over a month ago by a officer for using my cell phone while driving. In the process of citing me he noticed I had near empty jars of marijuana (I am a medical marijuana patient). He writes me a ticket for cvc 23123 (cell phone), and cvc 23222(b) possession of marijuana in a vehicle.
Fast forward a month I went to court to show the judge my doctors recommendation for marijuana, and the court clerk says that the infraction on my docket number is the cell phone and cvc 23223(b) open container. I was confused, but I had heard that marijuana infraction are now in the open container laws and I did not have my original ticket with me so I went with it.
I pleaded not guilty and now have a court case in 2 months. I went home and checked the ticket the officer wrote me in the field, and he indeed wrote 23222(b) vc poss marijuana not 23223(b) passenger open container. How should I proceed? Is there a chance it will be dismissed (I did not have any open containers of alcohol)? Or will my charges simply be changed?
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Mistakes, errors, omissions, incorrect statute citations are ROUTINELY corrected in court.
You're wasting your time by trying to defend any traffic citation.
Traffic courts are intended to do one thing, collect money.
The officer that stopped you can do more to reform negligent drivers than a judge discussing the matter three months after the fact.

Think about citing an eight year old for using his tablet outside of his assigned times.
You cite him, he appears before you three weeks later to enter his plea (NOT GUILTY), you set his TRIAL for three months later.
Naw, that won't correct his behavior anymore than this will correct yours.

In your case, you can chat with a lawyer (or do it pro se) and try to get the persecutor to dismiss the "open something charge", and you can take traffic school for the texting, or just pay it if it won't impact your driving record.
 
Even with your medical permit there are restrictions on when and where you can use it, and also how it is transported.
The court will surely correct the error with the citation.
 
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