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1st Offense: Possession Of Marijuana

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only1vato

Guest
What is the name of your state?What is the name of your state? CALIFORNIA

I was driving recently and pulled over by the police. I was not speeding, not doing anything unusual, and not doing anything that would be considered illegal. I followed the usual protocol - liscense and registration. After questioning my passenger and myself about where we were coming from (the mall) and where we were headed (home), he said he could smell marijuana and asked us if we had any. I immediately produced a very small quantity of marijuana (considerably less than one ounce; about 1/16th of an ounce) and a small pipe packed with marijuana. The officer asked me if we had any more marijuana, and I responded no. I even granted the officer permission to search my vehicle because I was confident in the fact that there was no more marijuana to be found. The officer searched my passenger, myself, and my vehicle but found nothing else. The officer confiscated the marijuana but oddly was given my pipe back (empty of course). No one was not arrested, my car was not impounded, and no other course of law was taken. The officer handed only myself a ticket to appear in traffic court and asked me to sign it - which I did. He never told us the reason why he had pulled us over in the first place, however, and let us go.

Upon further inspection of the ticket, the officer did write that I had possession of less than one ounce of marijuana, but I looked up the code that the officer logged on my ticket as the reason he had pulled me over. The code states that the liscense plate light on the rear bumper of my car was not white, and furthermore states that I was advised about it. However, that was NEVER advised to me at the time that I was pulled over nor metioned to me during the course of the incident. Not to mention, my liscense plate light on my rear bumper IS WHITE, and I have NEVER changed it's light since I purchased the vehicle. My traffic ticket states that I have to appear at court to contest the charge.

I admit that I was in possession of a very small amount of marijuana, but I find the reason the officer indicated for pulling me over (about my liscense plate light not being white when in fact is WAS white) to be quite unjustified. Not to mention, my passenger and I are both hispanic and both have shaved heads, and I believe that profiling my have been involved as we were from out-of-town and were in a "rich" part of town. Can I contest my ticket when I appear for court? Is there a possibility I can have my case dismissed because of this? Someone please help!!!
 


Happy Trails

Senior Member
QUOTE: "Can I contest my ticket when I appear for court?"

**Of course you can... but what do you think the Judge is going to say about the marijuana?

QUOTE: "Is there a possibility I can have my case dismissed because of this?"

**Possibility hmmm maybe...but what do you think the Judge is going to say about the marijuana?
 

JETX

Senior Member
Can I contest my ticket when I appear for court?
Of course you can. After all, that is the right of all citizens.... even illegals with shaved heads, driving their 'pendejo mobiles' around in the 'rich' part of town. :D

Is there a possibility I can have my case dismissed because of this?
Of course there is a possibility. About the same chance as claiming that you were profiled for driving the 'jefe mobile' around in the 'rich' part of town.
 

CdwJava

Senior Member
only1vato said:
I was driving recently and pulled over by the police. I was not speeding, not doing anything unusual, and not doing anything that would be considered illegal.
Except for the equipment violation you mention below. Which the state of CA DOES consider to be illegal.

I followed the usual protocol - liscense and registration. After questioning my passenger and myself about where we were coming from (the mall) and where we were headed (home), he said he could smell marijuana and asked us if we had any.
Oops ... one of the pitfalls of marijuana - the odor.

I immediately produced a very small quantity of marijuana (considerably less than one ounce; about 1/16th of an ounce) and a small pipe packed with marijuana.
A $100 fine ... and on your driving record for 7 years if cited for the vehicle code section. Gone in one year if cited for the Health and Safety code section. A big zero in the long run. Failing to use your turn signal has a higher fine than this.

The officer searched my passenger, myself, and my vehicle but found nothing else.
You were truthful with him ... good for you.

The officer confiscated the marijuana but oddly was given my pipe back (empty of course).
Hardly odd at all. Possesion of a marijuana pipe in CA is not illegal ... it is considered tobacco paraphernalia. So, unless you were under 18, he woul dhave had little lawful reason to seize it unless it was as evidence to support the possession charge ... but there is little point in that.

No one was not arrested, my car was not impounded, and no other course of law was taken.
That's because he couldn't. Marijuana is essentially decriminalized in CA. Traffic fines are higher than the fine for possession of marijuana.

The code states that the liscense plate light on the rear bumper of my car was not white, and furthermore states that I was advised about it.
CVC 24601 requires a white light to shine on your license plate. If there is NO light, or it is colored incorrectly, it is a violation.

Not to mention, my liscense plate light on my rear bumper IS WHITE, and I have NEVER changed it's light since I purchased the vehicle. My traffic ticket states that I have to appear at court to contest the charge.
Apparently, it was either not functioning or appeared to be another color. Something caused him to pull you over, and I doubt it was his psychic powers that felt the marijuana vibes.

You CAN challenge the ticket for the light if you wish ... but it is a "fix it" ticket, and will likely cost you $10 - $20 if you get it fixed, have an officer sign the fix it verification, and turn it in to the court. It would cost me more than that to take the day off work to fight it. But, its your call.

I admit that I was in possession of a very small amount of marijuana, but I find the reason the officer indicated for pulling me over (about my liscense plate light not being white when in fact is WAS white) to be quite unjustified.
Fine. Then waste the time and money to fight the two inexpensive violations. Your call. But I doubt the argument will work.

Not to mention, my passenger and I are both hispanic and both have shaved heads, and I believe that profiling my have been involved as we were from out-of-town and were in a "rich" part of town. Can I contest my ticket when I appear for court? Is there a possibility I can have my case dismissed because of this? Someone please help!!!
Nothing you said here will cause a "dismissal" of your ticket. And unless you can prove that the officer was engaged in some form of racial profiling (i.e. the ONLY reason he pulled you over was because of your race), he did not perform "racial profiling".

Carl
 

calatty

Senior Member
If you did not violate VC 24601("Either the taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear license plate during darkness and render it clearly legible from a distance of 50 feet to the rear. When the rear license plate is illuminated by a lamp other than a required taillamp, the two lamps shall be turned on or off only by the same control switch at all times"), then the officer did not have legal grounds to stop you. If he stopped you illegally, then he obtained the evidence of the marijuana illegally. That means you have a basis to file a suppression motion under PC 1538.5 and have the marijuana "suppressed" and the charge dismissed. If it is important to you not to have this violation on your record (and why wouldn't it be?), then it is worth seeing a lawyer.

Possession of a marijuana pipe is illegal in CA under Health and Safety Code 11364. Marijuana is not "essentially decriminalized" in California. Possession of any amount of marijuana is a crime in CA. Possession of under an ounce is a misdemeanor, but cultivation, possession of larger quantities are felonies. There are people doing hard time in CA for marijuana.

You may well have been a victim of profiling, but it is difficult to prove. Some organizations have done statistical studies in certain cities to show the disproportionate percentage of minorities stopped.
 

CdwJava

Senior Member
calatty said:
Possession of a marijuana pipe is illegal in CA under Health and Safety Code 11364.
Not true.

11364. It is unlawful to possess an opium pipe or any device,
contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.


And if you read through the sections in that paragraph I believe you will find that marijuana is NOT included in the specified controlled substance section. Thus, possession of a Marijuana pipe in CA is not a violation of H&S 11364.

Marijuana is not "essentially decriminalized" in California. Possession of any amount of marijuana is a crime in CA.
What other crime in CA is purged after one year? None. What other Misdemeanor in CA has a max. fine of $100 and no jail time attached?

For all intents and purposes, it is all but legal. Traffic citations have greater penalties that possession of less than an ounce of marijuana! And, traffic offesnes stand a chance of a stricter penalty with increased insurance and the eventual possibility of a license suspension.

Possession of under an ounce is a misdemeanor, but cultivation, possession of larger quantities are felonies. There are people doing hard time in CA for marijuana.
A small handful for cultivation or sales, and maybe a few for transporting large quantities ... but this is the exception, not the rule. I have yet to see hard time for anything less than a "plantation" of an acre or so in state prison. Home grows tend to suffer few penalties.

Carl
 

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