Alcohol & Drugs: DUI, DWI TRaffic ticket for marijuana

[joshua420]

I live in Ontario, California i was dropping of my girlfriend when a G unit pulled up from behind, he told us to get out, he asked if i had drugs I told him I have my medicine in the glove compartment and I have a medical prescription. He looked at my prescription and he still gave me a traffic misdameanor violation code, 23222(b)vc Possession of marijuana in vehicale.

My court date is coming up do I show the judge my prescription, and say I am not guilty?

 

[calalily]

Get a lawyer, it will be worth the money to be represented in this matter.

 

[CdwJava]

Note: You do NOT have a "prescription", you have a doctor's recommendation. If your county has a process by which you can get registered and get a state issued ID card (about half the counties half a program in place), then your recommendation will likely not hold a lot of weight.

It won't hurt to bring it with you, but an attorney would be the best bet ... although, the fine is only a $100 (with fees and assessments it'll be over $300 in the end) and you cannot go to jail for it ... though your license might be suspended.

And most people that are genuine medical need folks do not go around advertising their need for the weed in their nickname, Joshua420.

- Carl

 

[Scooterdog]

I live in Ontario, California i was dropping of my girlfriend when a G unit pulled up from behind, he told us to get out, he asked if i had drugs I told him I have my medicine in the glove compartment and I have a medical prescription. He looked at my prescription and he still gave me a traffic misdameanor violation code, 23222(b)vc Possession of marijuana in vehicale.

My court date is coming up do I show the judge my prescription, and say I am not guilty?

You may want to read up on your rights and how to conduct yourself in a situation such as this. NEVER TALK TO A COP! This info may help you:

"
When can you be searched?

The secret power behind the road stop is that most drivers are duped into consenting to be searched. Many folks don't challenge this invasion of their privacy because they feel they have nothing to hide.

BUT you still have a right to challenge that invasion, even if you don't have anything to hide. Never consent to a search without a warrant, just say "No" to protect your rights.

If you are arrested while driving your automobile, the officers may make a limited search of the drivers area at that time for the purpose of discovering weapons which might be used against them. They may not make a general search of the rest of your automobile unless there is independent probable cause that the vehicle is carrying the fruits or instrumentalities of a crime or contraband.

Your automobile may also be impounded, searched and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell him you have a relative or friend who will come and get it, or that you have your own gas station, or auto service etc., to tow and secure your car. This will stop the police from "inventory searching" your car with out a valid search warrant.

If the officer asks to search you or you car without arresting you, you can say "NO."

In a lot of cases the police ask to search and obtain "consent" to search. Even though the search isn't justified, it will be legal because the citizen didn't object and therefore "consent" is presumed.

If the Officer asks you to consent to a search, tell him,

"No, get a search warrant first and then I'll comply."

Never volunteer anything and keep insisting on your right to legal counsel.

If the officer asks to search you, your car, or any of your property, ask him if you are under arrest or if they have a warrant. If you aren't and they don't, tell them "I would rather not let you search." They will ask many times and seem to be acting with complete authority. Just Say No, You will not let them search you unless they arrest you or have a warrant.

While the laws for search and seizure are very complex, and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an unlawful search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask him to identify himself.

In most cases involving search and seizure issues, "reasonableness" of the search is the legal test for search without a warrant. Having a large amount of cash is not per se evidence of drug related illegal activity for forfeiture purposes. US vs. $31,990 in U.S. Currency, 982 F2d 851 (1993)

If they search anyway and find something, you may be able to escape the penalty later in court. If the cop is obeying the law, they should leave you alone. The fact that you refused to be searched does not make you more "suspicious" and give them an excuse to search.

Of course as stated above, the police may ignore all of these laws and they may be less than polite and non-violent. When a cop gets out of control, deal with it carefully. But don't voluntarily consent to either a search or a detention.
What happens after you are arrested?

(1) The officer will take you to a police station or jail for "booking".

(2) You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury.

(3) You may be required to participate in a lineup, to give a sample of your blood or hair or take a DUI breath test for alcohol or drugs.

You should ask to have counsel present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in any test after you have been formally charged by the prosecuting attorney or indicted by a grand jury.

(4) You also may be required to be fingerprinted and photographed.

(5) You will be arraigned at a court session or your attorney will file a written plea of guilty, not guilty, or no contest to the charge.

If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation & parole.

What happens to your personal property?

If you should be booked into a jail, the police will take your property from you for safekeeping. They should inventory your money and property and give you a copy of the inventory.

At the time of your release or at the conclusion of your case, property that was not seized as evidence in the case will be returned to you. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you."

 

[CdwJava]

But, since 23222(b) is a non-bookable misdemeanor not subject to custodial arrest, the issue of an impound of the vehicle, etc. is not relevant.

marijuana is the penultimate non-crime in CA and we would NOT spend the time and money seeking blood tests, hair samples, ad nauseum for an offense that is ultimately about as severe than a red light violation.

- Carl

 

[CdwJava]

Your automobile may also be impounded, searched and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell him you have a relative or friend who will come and get it, or that you have your own gas station, or auto service etc., to tow and secure your car. This will stop the police from "inventory searching" your car with out a valid search warrant.

Not true - at least not in any state I am aware of - and certainly not in the OP's state of CA. The only case law here indicating a requirement to release the vehicle at the scene is when the registered owner is in the vehicle and has a valid license (and is not also being arrested) or the vehicle is already safely parked at the driver's home.


- Carl