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  1. #1
    Join Date
    Jun 2010
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    Default Possession Misdemeanor and Traffic Offense

    My question involves a traffic ticket from the state of: California

    I was cited under: 24250VC and 23222VC(b)

    I pulled out of the parking lot late at night to grab something I had forgotten back home (behind the block), and when I had parked and got out the car, there was a police car right behind me. I didn't know it at first, so when I had finally realized they were officers, it was too late at that point. Since I was genuinely confused, I asked the officers what I had done (which I later realized must have angered them, but who thinks this late at night?), to which they handcuffed me, battered my car keys from out of my hands onto the street, and later I found out pickpocketed my wallet (for ID purposes).

    They searched me, asked if I had been drinking, and were very unmannerly towards me. Then one of the officers asked me where they could find my insurance and registration (I told them glovebox since I was cuffed), and when she went to check, she said she smelled marijuana and proceeded to do an entire inventory search of my car (no consent, unless the situation constituted it and I'm unaware). I had my doctor's recommendation and papers for marijuana in the glovebox as well, but when I had mentioned this, the officer told me that there were lots of places that just gave away cards. This was not true in my case, as I went to a licensed center to get mine.

    But anyways, they took away my meds (for evidence I suppose), and gave me a citation for both headlights during darkness, and possession of less than one ounce while driving.


    My question is, will I be able to get the possession charge dismissed once I show my medicinal papers? And also, what can I do about the headlights charge? Does this even qualify me to request a TWD since the possession made it a misdemeanor (even though I have legal right to the marijuana)? I feel like I was treated very unreasonably because I was trying my best to show them that I was cooperating, and that I was non-violent (patients often are).

    Thank you in advance.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Possession Misdemeanor and Traffic Offense

    Quote Quoting infinity
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    My question is, will I be able to get the possession charge dismissed once I show my medicinal papers?
    That is up to the DA ... some will drop it, some will not. Understand that the medicinal marijuana recommendation allows for an affirmative defense, it is not like the state issued DHS card which would have allowed you a free pass.

    And also, what can I do about the headlights charge?
    If they are broken, fix them and bring proof of correction to the court. If they are not, and you just did not have them on, then there rally is not much you CAN do about it.

    Does this even qualify me to request a TWD since the possession made it a misdemeanor (even though I have legal right to the marijuana)?
    This is often going to be filed as an infraction so that it can be handled in traffic court. You might have to see what happens at your arraignment.

    I feel like I was treated very unreasonably because I was trying my best to show them that I was cooperating, and that I was non-violent (patients often are).
    If you have a complaint with the officer's professionalism you can complain to the agency involved.

    If you hire an attorney, you are free to explain the situation and see if he feels there is grounds for suppression. I suspect not, but I also do not see a strong reason to handcuff you so quickly, either. But, if the officer can articulate some reason to feel that handcuffing you for his safety or yours was prudent under the circumstances, then the search might be good.

  3. #3
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    Jun 2010
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    Default Re: Possession Misdemeanor and Traffic Offense

    Quote Quoting cdwjava
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    That is up to the DA ... some will drop it, some will not. Understand that the medicinal marijuana recommendation allows for an affirmative defense, it is not like the state issued DHS card which would have allowed you a free pass.


    If they are broken, fix them and bring proof of correction to the court. If they are not, and you just did not have them on, then there rally is not much you CAN do about it.


    This is often going to be filed as an infraction so that it can be handled in traffic court. You might have to see what happens at your arraignment.


    If you have a complaint with the officer's professionalism you can complain to the agency involved.

    If you hire an attorney, you are free to explain the situation and see if he feels there is grounds for suppression. I suspect not, but I also do not see a strong reason to handcuff you so quickly, either. But, if the officer can articulate some reason to feel that handcuffing you for his safety or yours was prudent under the circumstances, then the search might be good.
    Thanks for the speedy response, Carl.

    How should I plea if I were to accept responsibility for the headlights charge, but dispute the marijuana possession charge? I was not smoking it at the time, and it was just in transportation.

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Possession Misdemeanor and Traffic Offense

    Quote Quoting infinity
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    Thanks for the speedy response, Carl.

    How should I plea if I were to accept responsibility for the headlights charge, but dispute the marijuana possession charge? I was not smoking it at the time, and it was just in transportation.
    Unless the arraign you on only the one charge, you might consider pleading "not guilty" to the whole shooting match until you have had time to consult legal counsel.

    The offense requires possession in the vehicle, not use, so the fact you might not have been smoking it is not entirely relevant.

  5. #5
    Join Date
    Jun 2010
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    3

    Default Re: Possession Misdemeanor and Traffic Offense

    I haven't gotten a courtesy notice in the mail, but I did receive a "Receipt for property taken into custody". It's description states: "Green leafy substance, resembling marijuana."

    Also, I would like to know how to obtain the police officer's notes, I'm not sure what it's called.

    Thank you!

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