Letter from the court is different citation than original?

[Ian_Y]

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

I was originally cited with a citation of 11357(c), which is possession of marijuana over one ounce. I was given this citation when caught smoking in my car (Which was parked in a parking lot) with a friend (though he wasn't smoking) I am a medical card holder.

I received a letter from the court today about my arraignment and found that the charge now reads VC23222(b) which is a misdemeanor and for possession of marijuana while driving.

Now as a medical holder, I can legally transport up to 8 ounces. I had with me less than 2. Is this charge less severe than the original? There is no amount stated here, I just cannot figure out why I was given a completely different citation. Thank you all for the help.

 

[SIN EATER]

The charging deputy can change the offense charged to suit the facts.

An officer may issue a citation for an offense; the charging Prosecutor can add, subtract, or change the charges (actually, up to trial).

Both charges are misdemeanors. The Vehicle Code 23222(b) is a lighter charge than the Health & Safety Code 11357(c).

The charging Pros may have misread the original charge as 11357(b).

 

[Ian_Y]

It just doesn't really make sense, because I wasn't even driving...I was in a parking lot parked, the keys weren't in the ignition either our seats were totally reclined.

I also am a medical card user....so I can legally transport 8 ounces.

 

[CdwJava]

Yes, but, as I recall, you were not "transporting", you were "using" ... there is a difference.

And, while the section mentions drivING, the CVC defines a drivER as:

305. A "driver" is a person who drives or is in actual physical
control of a vehicle. The term "driver" does not include the
tillerman or other person who, in an auxiliary capacity, assists the
driver in the steering or operation of any articulated firefighting
apparatus.

So, your attorney can make a semantic argument that you were not in the act of drivING, but, as I recall, it was your vehicle and you were in control of the vehicle and thus, the drivER.

Though I suspect that you will prevail in the drivING argument given H&S 11362.79 ... unless you were within 1000' of a school, recreation center or youth center.

So, you will have to let the DA know about your 215 recommendation and hope he drops the matter. Or, you can go to court, bring your 215 recommendation, promise not to smoke in public again, and hope the DA decides not to press the issue and ask for your physician to appear or provide proof of his recommendation.

- Carl

 

[Ian_Y]

That's probably exactly what I'll do. It's just confusing, because isn't this a lighter charge? Don't get me wrong, I am very happy since this code is defined as having less than an oz of marijuana while transporting...thus the fine will be smaller anyway with no chance of jail time I believe..

 

[CdwJava]

Yep, no chance of jail time.

Now, you're keeping your "medicine" at home now, right? No more using it in public places?

- Carl

 

[Ian_Y]

Yes, Carl. Only for you! Haha, thanks for the help.