Possesion of Methadone

[Profesional]

What is the name of your state? California city of Los Angeles

charge: 11350(A)/HS/F.

My uncle works as a taxi cab driver. He had a girl as a passanger on the day of the arrest. The passanger asked him to accompany her to a dance club so he did. They drank there and because my uncle was already under influence of alcohol he could not drive. He called his friend who is also a cab driver so he could take her to the hotel she stayed at. She asked if they could dropp her off at the back entrance of the hotel, they did so. When she got out of the car she fell down, my uncle went to help her and carried her to the door. She could not find the key to enter her room and pay the rate for the ride. My uncle went inside the hotel and explained what happened to the personell. After which hotel personell called the police. Police came , asked my uncle who she was and what happened. Before leting my uncle go they asked if they could search him. He agreed and they did. AS they searched him, they found two tablets of methadone in his pocket. They arrested him for the possesion of methadone. When they asked my uncle what those tablets were he said they were painkillers his wife gave him - this was the best explanation he could provide since he barely speaks english.
The charge is 11350(A)/HS/F. The truth is that those two tablets he got a couple of days ago from a passanger when he said he had a headacke, however never took them. My uncle does not speak english well and knows nothing about narcotics so he could not defend himself or provide a decent explanation to the police as to what happened they day.

What should we do? Appear at the court and tell the whole story as it happened or get a lawer? What type of punishment will he receive in both cases? He was never arrested for the possesion of narcotics or charged with anything related, also never got a DUI.

 

[rmet4nzkx]

Here is the whole section
CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 11350-11356.5




11350. (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison.
(b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in the county jail
for not more than one year or in the state prison.
(c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with proceeds of
this fine to be used in accordance with Section 1463.23 of the Penal
Code. The court shall, however, take into consideration the
defendant's ability to pay, and no defendant shall be denied
probation because of his or her inability to pay the fine permitted
under this subdivision.
(d) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.



Your uncle better get an attorney, it is possible that he will lose his driver's licnese.

In the future her should not use his employment as a cab driver to connect with women, especially ones who can't control their liquor nor should he accept drugs from his customers..

 

[Profesional]

ok can you answer my question. He was not driving the car how the hell he could lose his drivers licensia and again 2 methadone is so big deal if we go without lawyer do we have a chance or no. Any ideas on these please.

 

[rmet4nzkx]

No, it doesn't matter if he was friving or not, he was in possession of controlled substances without a perscrioption, he lied to the police. Yes he can lose his license. He has other potential violations as well. I already answered your question. Yes he needs an attorney. Did you read the entire seciton of the CA codes?

 

[Profesional]

Ok after reading the code i still don't find any section there telling anything about drivers licensia suspension. And after police told him his rightes he never spoke and didn't make any statement. I mean with 2 pills of methadone and with no hystory of drugs what so ever it is still big deal. And if it is still big deal will a good aterney win these case and what are the chances. And after reading the code that you posted I still don't understand what you get if you are cut first time 1,000 fine or jail I am still confused can anyone explain me a little bit more with more details please

Thank you

 

[rmet4nzkx]

That is why you need to consult a criminal defense attorney. There are other rules for professional drivers.

 

[CdwJava]

Ok after reading the code i still don't find any section there telling anything about drivers licensia suspension. And after police told him his rightes he never spoke and didn't make any statement. I mean with 2 pills of methadone and with no hystory of drugs what so ever it is still big deal. And if it is still big deal will a good aterney win these case and what are the chances. And after reading the code that you posted I still don't understand what you get if you are cut first time 1,000 fine or jail I am still confused can anyone explain me a little bit more with more details please

Thank you

I don't have the citation in front of me, but he DOES have a chance of losing his license upon a conviction.

And the headache story doesn't hold water. He has a headache, is provided "aspirin" and then does NOT take them? Sorry ... that makes no sense.

Diversion is possible depending on his record.

He needs to consult an attorney ASAP.

- Carl

 

[stephenk]

A drug conviction will result in his losing his taxi license.

The conviction may also result in immigration problems.

 

[rmet4nzkx]

Now do you believe me?
Thanks Carl and Stephen