Possession Under an Ounce

[aomallory]

What is the name of your state (only U.S. law)? Ca
My son 19 was charged with possession under an ounce and speeding here in California in March. He also got a DUI (pot) in Arizona at the beginning of April. We have a lawyer in Arizona who is hoping to plead it to reckless driving.
He has been offered a diversion program here. If he accepts the diversion within the next week and his trial in AZ is in May could his Diversion probation be affected by what happens in the other case?

If he is convicted of DUI or DWAI will that count as violating probation of the Diversion program? Our lawyer says No because it wouldn't be a new violation. Is he right?

 

[gabrieldorman]

It is unlikely that his marijuana possession in CA will affect his DUI (pot) trial in AZ ...

What kind of diversion is he being offered? Is he being offered PC 1000? (PC 1000 is a minimum of 18 month drug diversion program where he will he have to go to drug classes for 6 months and submit to drug testing, then stay clean for at least 12 months after. If successful, the court will dismiss the case after 18 months)

OR

Is it more informal drug diversion where he has to attend some narcotics anonymous meetings after which the case will be dismissed ...This is really what he wants to do.

I hope this was helpful

Gabriel Dorman

Whatever the case, it shouldn't affect AZ DUI.