Alcohol & Drugs: MIP, MIC, Intoxication possession less than an ounce

[tommyofsl]

yesterday i was driving on this road that has a lot of corners and cut backs, and i was driving 40 in a 25. i came around a blind corner and came extremly close to hitting a cop car coming the other direction. she proceeded to flip a 180, and pull me over. she told me to get out of the car and patted me down. she then put me in the back of her cop car and took the other three passengers out of my car. they all were on the hood of the car. she proceeded to give them sobriety test. one of the girls just laughed when she had to follow the lady cop's finger because she had drank like a half a pint of 151. the cop made her go into the back of the cop car with me. by this point another cop car had shown up to talk to the rest of the passengers and the lady cop decides she wants to rummage through my car without asking permission. she finds a big paper bag with 5 1/5's of alcohol which the girl in the back of the car admitted were her's. she proceeds to search through my back pack with out my permission. she find 2 roaches in my backpack and 1 bottle of beer. in her all out ransack of my truck she finds another joint roach. so now im up to 3 roaches and a bottle of beer. the other cop that showed up continued to talk to all the passengers not in the back of the car and give me and the girl in the car breathalizers. i blow a .0 and she blows some redicoulous number like .10 or somthing because of the 151. so about a half an hour later of no cooperation from anyone they talk to (not including me because they dont want to talk to me i guess) they decide to let me drive home. but before that the lady cop pulled out her AutoCite and gave me a possession of marijuana, less than an ounce, possession of alcohol, and crossing double yellow lines for almost hitting her.

does anyone have an opinon on the fine im going to be looking at or any type of defence i could use? i am 18 and have 1 traffic violation for no seatbelt. the court is set for Walnut Creek court house in california.

 

[CdwJava]

What specific violations were you cited for? (Code numbers)

- Carl

 

[tommyofsl]

i was hit with a:
21460(A) Double Yellow Lines
25662(A) Minor Possess Alchohol
11357(B) Poss. Marijuana Less 1 OZ

 

[CdwJava]

i was hit with a:
21460(A) Double Yellow Lines
25662(A) Minor Possess Alchohol
11357(B) Poss. Marijuana Less 1 OZ

Not much of a defense ... but the punishments are (for first offenses):

CVC 21460(a) - fine of up to $500 ...

B&P 25662(a) - $250 fine or 24-32 hours of community service ...

H&S 11357(b) - $100 fine (and you're lucky he did not cite you under the Vehcile Code because then it would remain on your record for 7 years - this will go away after two years) ...

AND, upon conviction, the court SHALL order your license suspension for up to three years for the marijuana and the alcohol offenses.

If you want to stand a chance of surviving this with some kind of a deal, you will have to come up with the money for an attorney (likely at least $5,000 through the end of trial). You will not likely be eligible for a public defender as none of the offenses have jail time attached.

I don't see much of a defense unless your attorney can successfully suppress the search of the vehicle. However, having a car full on inebriated minors likely gave the officer sufficient cause to search the areas where the minors were sitting. An attorney can read the full report and determine if there is sufficient cause to move for a suppression of the evidence or not. I'm guessing that there is not ... but, it will likely cost you only a small consultation fee to have an attorney look at your case and advise you.

- Carl

 

[tommyofsl]

thanks carl, do you know who decides how much of the fines i have to pay? the judge or jury? ive never been to court before, but im going to college in 3 weeks and i think ive read somewhere that colleges might have a defence councel? also what about how little alcohol and marijuana i had on me. like i said i only had 3 roaches and 1 beer on me. could it lead to less of a fine?

 

[CdwJava]

thanks carl, do you know who decides how much of the fines i have to pay? the judge or jury? ive never been to court before, but im going to college in 3 weeks and i think ive read somewhere that colleges might have a defence councel? also what about how little alcohol and marijuana i had on me. like i said i only had 3 roaches and 1 beer on me. could it lead to less of a fine?

There is no jury in a traffic court - it is the judge, and the fines are set by a combination of law and court policy (as to fees, assessments, etc.).

The fines are for less than an ounce of marijuana and for possession of alcohol - no specific amounts matter with regards to the penalty in this case.

I doubt that your school will have any counsel for you in this matter. I believe some schools have low cost legal aid programs available, but they are not free and they do not likely cover most criminal matters.

Expect fines and a license suspension.

- Carl

 

[tommyofsl]

thanks again carl,
one last question, my friend was telling me about trial by written declaration. can i still do this if i have a traffic infraction and 2 misdemeanors?

 

[CdwJava]

thanks again carl,
one last question, my friend was telling me about trial by written declaration. can i still do this if i have a traffic infraction and 2 misdemeanors?

A TBD is not availalable for these offenses.


- Carl

 

[talkygirl]

First offerder's right

What happens to a person who has committed a felony, but taken the first offender's plea, given five year's probation, sent to drug rehab, gotten out, and now he has charged with drug possession.

 

[CdwJava]

What happens to a person who has committed a felony, but taken the first offender's plea, given five year's probation, sent to drug rehab, gotten out, and now he has charged with drug possession.

What state? And what are the specific code sections?

- Carl