possession of marijuana lose license?

[erica23a]

18 year old possession of marijuana lose license?

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

Will an 18 year old lose his license for possession of marijuana (less than two ounces)? In another county he has a prior record of evading arrest and a prior charge of possession he had probation with drug testing. Is there anything he can do to keep his license? Will he be able to drive to work?

He was driving and he and his friend were both charged. His friend had marijuana under the seat. Would it help for him to hire an attorney to try and not have the possession on his record? I have heard even if he gets probation that the drug charge would still be on his record. He would like to join the military.

Does Guadalupe County offer probation for a case like this?

 

[FlyingRon]

Driving, he should be concerned if he's going to be in jail. He could see 180 days on this one and they could give him time on the first for the violation.

It's quite possible he will be suspended for a year. A hardship license is possible if he jumps through all the hoops.

 

[cyjeff]

Agreed.

He violated probation.

Driving may be the least of his worries.

 

[erica23a]

He was not on probation at the time of this charge. The evading arrest charge was when he was 18 but the possession charge may have been when he was under 18 does that make a difference?

Will he most likely get probation and lose his license for six months?

 

[CavemanLawyer]

Take a look at the Transportation Code section 521.342. It states that if a person under 21 is convicted of an offense under section 481 of the Health and Safety Code, then their license will be suspended for one year. Possession of Marihuana (Tx. spells marijuana with an H) is under section 481, so yes if convicted his license will automatically be suspended. Section 521.342 expressly states that he can still apply for an occupational license to drive to and from work or school.

There is a possibility that he could be given deferred adjudication probation which does not result in a conviction if he successfully completes it. This would avoid a mandatory suspension of his driver's license, though the State could always require a voluntary suspension of his license as a condition of probation. It should also be noted that this charge will be reported to DPS regardless of the outcome of the case and DPS always has the authority to suspend a person's license based on the totality of their driving history. I have seen people get their licenses suspended just for being arrested for a drug offense that was eventually dismissed. This was based solely on the fact that they had prior convictions and numerous prior driving infractions.

If he is convicted of this crime it will remain on his record for life regardless of whether he gets probation or not. If he receives deferred adjudication probation and completes it then in the future he may qualify for a petition of nondisclosure which would prevent anyone except law enforcement from seeing that prior charge on his record.

There is no way to know what he will get from a judge or jury or what the State will offer him. Hiring an attorney can only increase his chances of getting a better deal.

 

[FlyingRon]

Is deferred adjudication likely if he's already on probation for a similar offense?