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  1. #1
    Join Date
    Feb 2016
    Posts
    2

    Unhappy Minor Charged for Marijuana in a Vehicle

    My question involves criminal law for the state of: California
    I got pulled over for being in a park after hours and when the cop came up to my window he said he smelled marijuana and i dont smoke but my friend did the officer found marijuana in my car but it was my friends but he blamed it on me what do i do? i am 16

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cought with Marijuana

    First thing is to tell your parents.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Cought with Marijuana

    After telling your parents, be prepared to go to court.

    What offense were you charged with? If H&S 11357(b) be prepared to have your license suspended for up to a year if convicted.

    Also, get better friends and DO NOT ALLOW ANYONE TO SMOKE OR HOLD DRUGS IN YOUR CAR!!!!

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Cought with Marijuana

    I know this is the last thing you want to hear, but you need to start choosing better friends who do not possess contraband while in your presence. Now that the obligatory youthful chastisement is out of the way....you're basically screwed.

    Without knowing the specifics of your situation I'm going to assume that as the driver of the car you were in what's known as "constructive possession" of marijuana. What that means is, they may not have been your drugs, but you apparently had knowledge of the items and the ability to exercise control over them. That's all that's necessary to meet the requirements of possession.

    Unless the drugs were found on your friend's person and you were totally unaware he possessed them, the law requires you to share in the responsibility for their possession.

    What potential penalties you face is dependent upon what specifically you were charged with (crime section). However, I can tell you that any minor (age under 21) convicted of a marijuana, alcohol, or other drug offense faces a 12-month drivers license suspension, regardless of whether the offense was driving-related (Vehicle Code 13202.5).

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Minor Charged for Marijuana in a Vehicle

    Once the court gets done with you, your parents' insurance company will have a go.

    A license suspension is generally grounds for cancellation of an insurance policy which means that your parents will suffer a considerable increase in rates just to keep insured even if they exclude you from the policy.

    Even after the suspension period, assuming the insurance company allows you back on the policy, the surcharge will remain for several more years.

    If you were my kid, your car would get sold and you'd be riding the bus for the next few years.

  6. #6

    Default Re: Minor Charged for Marijuana in a Vehicle

    Hi eep
    First off no worries I do not feel this is any thing more than fines. In the stateof Ca. the ticket for in the park after dark is a modified parking ticket.
    The other one >>>Let me expline ..In the state of
    ca. It does not matter that the drugs were yours are not. If you had an open bottle you would have been charged for that as well. ..ITS IN YIOUR CAR YOU ARE EVEN IF IT WAS NOT YOURS YOU ARE HEALD ACCOUNTABLE FOR ANY AND ALL. TEMS FOUND IN YOUR CAR.
    This is as well is a ticket and a misdeminor which will wash off your record later. If you stay out of trouble you can get a thing called an expungement.
    I personally would get new friends now while you are still young.
    All my best

    oh my atars!! Most insurance companies will for give the parking ticet. Oh the other is now an infraction. It truly depends on the city you live Insurance may go up a little. Even if you are a minor for petes sake.. Blessings

  7. #7
    Join Date
    Feb 2016
    Posts
    2

    Default Re: Cought with Marijuana

    Quote Quoting L-1
    View Post
    I know this is the last thing you want to hear, but you need to start choosing better friends who do not possess contraband while in your presence. Now that the obligatory youthful chastisement is out of the way....you're basically screwed.

    Without knowing the specifics of your situation I'm going to assume that as the driver of the car you were in what's known as "constructive possession" of marijuana. What that means is, they may not have been your drugs, but you apparently had knowledge of the items and the ability to exercise control over them. That's all that's necessary to meet the requirements of possession.

    Unless the drugs were found on your friend's person and you were totally unaware he possessed them, the law requires you to share in the responsibility for their possession.

    What potential penalties you face is dependent upon what specifically you were charged with (crime section). However, I can tell you that any minor (age under 21) convicted of a marijuana, alcohol, or other drug offense faces a 12-month drivers license suspension, regardless of whether the offense was driving-related (Vehicle Code 13202.5).
    I got an infraction for driving someone with a Provisional License, infraction for a minor in possession of Marijuana, infraction for tobacco products because i had a vape but there was nothing in it nor did it have nicotine. after a day so far the kids parents are protecting him and all my friends are starting to get super pissed knowing that i don't smoke and all this wouldn't of happened if the kid didn't tell us to go to that park... so im really pissed and going to fight this in court because getting pulled over for being in a park for less than a minute is defiantly bullshit and saying he smelled weed sounds like an excuse to search my car because were teenagers, and i didnt consent to any searches of my vehicle.

  8. #8
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Cought with Marijuana

    So now after talking to your friends you think you know the law. Well ok then. If the officer smelled burnt weed or just weed in the car it is grounds for probable cause and he can search the car and the occupants. He found it didn't he so it was in the car?

    I hope your parents hired a lawyer for you. You should keep your mouth shut and let him handle it. If you are lucky, you my get an informal or even a formal diversion and if you keep out of trouble and the entire matter may be dismissed.

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