CVC 23222 (b) and Student Financial Aid

[K_beezy562]

State : CA

I was pulled over while smoking and the officer ended up giving me a stern talking too and only wrote me a 23222 (b) citation and circled M for misdemeanor. So I go and talk to a lawyer, show him the ticket.. lawyer says that nothing in the citing document leads him to believe that this is a misdemeanor and will just be processed as an infraction in traffic court. He told me to call him back if indeed when I go to court they are charging me with misdemenor and we will work from there to try and plead it down to an infraction and mitigate the effects.

One thing I forgot to ask him, is if this does end up just being an infraction and is similar to a traffic ticket, will this affect me in terms of financial aid. I am a 23 year old attending college. This is my first ever offense other than a couple parking tickets at school.

 

[davew128]

It's an infraction. Period. That was easily determined by looking at the statute.

 

[K_beezy562]

So does that mean when I file for financial aid and it asks if I have had any drug related convictions I can check no and move on?

I understand it is an infraction in california but am concerned whether or not this will affect me with Federal financial aid, as having drug related convictions generally automatically disqualifies you from financial aid.

 

[quincy]

Here is a link to the Office of National Drug Control Policy, US Department of Education, FAFSA Facts:

https://www.whitehouse.gov/sites/default/files/ondcp/recovery/fafsa.pdf

And here is a link to the California Vehicle Code section under which you were cited:

http://www.canorml.org/laws/vc23222.html

If you are charged with the misdemeanor for possession of marijuana (I am not sure why you weren't cited for the smoking of it), you should call back the attorney as he advised - although, quite frankly, I think you would be smart to have an attorney with you when you go to court on your first appearance.

 

[K_beezy562]

I believe the cop was trying to give me a break when he only cited me for 23222 (b) but after calling around a few places including my school financial aid office I have called back the lawyer and am in the process of hiring him

 

[quincy]

I believe the cop was trying to give me a break when he only cited me for 23222 (b) but after calling around a few places including my school financial aid office I have called back the lawyer and am in the process of hiring him

I think hiring the attorney is a smart move on your part, K_beezy562.

Good luck.