H&S 11357(b) Question

[Rystevens42]

What is the name of your state (only U.S. law)? California

Hi,

I am 18 years old and from California. About a month ago I had received an infraction for H&S 11357(b) Possession of Marijuana under 1oz.
I have several questions about this and where to go from here. If I were to plea guilty for this what would my sentencing be? Would I just have to pay a fine? I have heard that since I am under 21 but over 18 they could suspend my license for a year, however I heard that since I was only hit with nothing to do with being in the car and only a health and safety infraction that, that penalty might not apply? I would really like to get clarification on that because I really can not afford to loose my license for a year. If I would be loosing my license for a year is there any program or class I could take to make that time frame shorter? I have a completely clean record and have never encountered problems with the police or the law ever before this. Never had a driving ticket or anything. Any help or advice from anyone would be greatly appreciated. I really just hope I can go in on my mandatory court appearance, pay a fine and walk out of there and that be that.

Thanks.

 

[Just Blue]

Hi,

I am 19 years old and about a month ago I had received an infraction for H&S 11357(b) Possession of Marijuana under 1oz.
I have several questions about this and where to go from here. If I were to plea guilty for this what would my sentencing be? Would I just have to pay a fine? I have heard that since I am under 21 but over 18 they could suspend my license for a year, however I heard that since I was only hit with nothing to do with being in the car and only a health and safety infraction that, that penalty might not apply? I would really like to get clarification on that because I really can not afford to loose my license for a year. If I would be loosing my license for a year is there any program or class I could take to make that time frame shorter? I have a completely clean record and have never encountered problems with the police or the law ever before this. Never had a driving ticket or anything. Any help or advice from anyone would be greatly appreciated. I really just hope I can go in on my mandatory court appearance, pay a fine and walk out of there and that be that.

Thanks.

U.S. Law Only.

 

[Rystevens42]

U.S. Law Only.

Woops sorry I forgot to mention that I am in California

 

[davew128]

U.S. Law Only.

Law citation in the header makes it fairly clear its CA, for those of us in CA.

 

[FlyingRon]

The fine is $100 but with all the "your state is bankrupt" fees it will run just shy of $500 total.
It is only an infraction (no criminal record).

Yes you will get a 12 month license suspension. A restricted license may be available to you.
PC1000 diversion may avoid the suspension.

 

[HighwayMan]

Law citation in the header makes it fairly clear its CA, for those of us in CA.

Exactly. For the rest of us it's not so clear.

 

[Zigner]

If you google "H&S 11357(b)", it becomes clear that it's a CA matter

 

[HighwayMan]

Granted, but I'd rather not be googling information in posts to figure out what the OP is talking about, especially when they ignore the "what is the name of your state" question!

But that's just me.

 

[Zigner]

Granted, but I'd rather not be googling information in posts to figure out what the OP is talking about, especially when they ignore the "what is the name of your state" question!

But that's just me.

I'd click the "like" button, but it's absent today.

 

[Rystevens42]

Granted, but I'd rather not be googling information in posts to figure out what the OP is talking about, especially when they ignore the "what is the name of your state" question!

But that's just me.

It was an honest mistake mr keyboard warrior. I fixed it and don't understand why you guys would still be complaining about it when I fixed it. I copied and pasted my question into it, and did not realize that I deleted the question. I am very sorry and it is now fixed. Any help would be greatly appreciated.

As for googling this. Trust me I have googled this over and over again and have come across different things such as if a car was not involved you may not get you license suspended, however I have come across that, that also does not matter and am not sure what is true.

I understand a fine is mandatory, just did not know if there was anything I could do to keep my license from being suspended.

 

[CdwJava]

Unless a vehicle was involved, the court cannot generally order a license suspension for a conviction of H&S 11357(b) (per VC 13202(b)), and the DMV has no suspension authority for such a conviction pursuant to VC 13350 et seq.

However, SINCE YOU ARE UNDER 21, then a suspension, license surrender, and 3 year revocation may occur (VC 13202.5, 13206, 13202).

Different counties have different policies. Some counties do not permit counseling/treatment for non-minors, and there really is no significantly compelling reason to endure the time and cost of counseling in an infraction.

 

[Rystevens42]

Unless a vehicle was involved, the court cannot generally order a license suspension for a conviction of H&S 11357(b) (per VC 13202(b)), and the DMV has no suspension authority for such a conviction pursuant to VC 13350 et seq.

However, SINCE YOU ARE UNDER 21, then a suspension, license surrender, and 3 year revocation may occur (VC 13202.5, 13206, 13202).

Different counties have different policies. Some counties do not permit counseling/treatment for non-minors, and there really is no significantly compelling reason to endure the time and cost of counseling in an infraction.

My infraction has nothing to do with any of the VC codes. The only thing on the citation was of course my information, the infraction that occurred which was only H&S 11357(b) and the information to my friends vehicle where the drivers stuff goes. Nothing to do with my car or anything like that. So with that being said since I am kind of confused with the information you put up there since mine had nothing to do with VC, should I be expecting a license suspension?

And what also confuses me by what you posted up above, it says may occur. So by it saying "may occur" makes it so there is a possibility my license would not be suspended?

 

[CdwJava]

My infraction has nothing to do with any of the VC codes. The only thing on the citation was of course my information, the infraction that occurred which was only H&S 11357(b) and the information to my friends vehicle where the drivers stuff goes. Nothing to do with my car or anything like that. So with that being said since I am kind of confused with the information you put up there since mine had nothing to do with VC, should I be expecting a license suspension?

And what also confuses me by what you posted up above, it says may occur. So by it saying "may occur" makes it so there is a possibility my license would not be suspended?

I cannot predict what a court WILL ultimately do, but the CVC states in VC 13202.5 that if you are under 21, a conviction of a drug-related offense in Division 10 of the Health And Safety Code (which includes H&S 11357(b)) that your license "SHALL" be suspended by the court for one year. VC 13206 then requires you to surrender the license. VC 13202 allows the suspension to be for up to 3 years.

So, if you are convicted, you will almost certainly face a license suspension for at least one year, lose your physical license, and have to pay fines and fees of $300+.

To find out the processes and options in your county, you may want to check with the court and discover their sentencing guidelines. Many of the state's courts have these on-line, others have them at the courthouse. In others, you may have to wait and see. You can also consult a local attorney for assistance if you NEED that license and cannot afford to wait for a time before applying for a hardship (restricted) license and hoping it will be granted while on suspension.

 

[Rystevens42]

Just an update, had my court date today. Pleaded guilty and got originally given 8 weeks to complete a 6 hour controlled substance course, then explained my situation with school and how I wouldn't be able to do it here by the date he gave me and he changed it from that to 10 AA meetings by December 10th. Thanks for the help though guys! Hope this post helps others out as well!