Busted with pot while driving

[rpkaya]

What is the name of your state? California

So I go stopped the other night for having a headlight out and the cop could smell the pot in my car. I knew I was busted so I gave it up. He gave me a ticket for 23222(b) Driver in possesion of Marijuana, less than an ounce. I researched it and the fine is for 100 dollars, no big deal.

What I want to know is how long the arrest stays on my record, and if it specifically will say what the offense is.

Any help is very welcome and appreciated. thanks

[CourtClerk]

First of all, the $100 fine will skyrocket to a whopping (just around) $400, when all is said and done. California vehicle codes only list base fines, the courts will also add what is called penalty assessments to that base fine, which currently are about 3 times the amount of the fine (and rising).

Next, the conviction itself will stay on your driving record 3 years from the date of conviction.

[rpkaya]

Will the arrest itself show up if I complete some sort of deferment program? Also do you know what sort of eligibility requirements there might be?

[CdwJava]

It's not an arrest - it's a traffic ticket for having marijuana. It will ONLY be on your DMV record.

- Carl

[gawm]

Will his insurance rates skyrocket for that?

[CdwJava]

Originally Posted by gawm

Will his insurance rates skyrocket for that?

Maybe. He'd have to ask his insurer.

- Carl

[rpkaya]

wow, this really sucks....

do you know if I would be eligible to attend traffic safety school?

[CourtClerk]

Originally Posted by rpkaya

wow, this really sucks....

do you know if I would be eligible to attend traffic safety school?

Yes, it will show on your record. No, you cannot attend traffic school. Yes, your insurance company will probably have a good time with your rates.

[NORML]

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

[rpkaya]

So, I've been doing a huge amount of reading up on the internet and I just came across Prop 36. Will this case be eligible? If so does anyone know what I can expect?

I've never used any drugs other than MJ and I was an extremely infrequent user, I just happened to have a very little bit in my car that night...very very very stupid I know....on the plus side I have been completely clean since my ticket...

[garrula lingua]

There are two diversion programs: Deferred Entry of Judgment and Prop 36. Both are expensive and require several court appearances.

Most Prosecutors will do their own form of diversion (Narcotics Anonymous or AA meetings). That would be the best solution for you.

The dispostion is entirely up to the Prosecutor. You should get an offer from the Pros. on your first appearance which is the 'arraignment and plea'.
If you don't get an offer, ask for a continuance.

This can cause trouble later in life. If you plead to the charge, you WILL, technically, have been convicted of a misdemeanor and you WILL have been convicted of a drug offense.
If you, later, required a high security clearance, or LE job, this could cause a problem.

BTW, how old are you ?
If you're under 21, this can suspend your driver's license for one year.