Vc 23222 b

[dekkiller]

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

Hi, I have a few questions about this ticket, i received it two weeks ago.

My first question is the ticket says date to appear as on or before 60 days, will i receive something in the mail similar to a speeding ticket for paying/showing up?

My second question is, I was under 21 when i got the ticket and i've read that if you are under 21 it's a 1 year license suspension, but i turned 21 a few days ago, does this still apply?

My last question is, should I bother consulting an attorney? I'm going to do the PC 1000 program and from the requirements i've read i'm definitely eligible so i'm not sure if an attorney is worth it. Also to get into the PC 1000 program, how would i go about doing that?

Thank you.

 

[Silverplum]

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

Hi, I have a few questions about this ticket, i received it two weeks ago.

My first question is the ticket says date to appear as on or before 60 days, will i receive something in the mail similar to a speeding ticket for paying/showing up?

My second question is, I was under 21 when i got the ticket and i've read that if you are under 21 it's a 1 year license suspension, but i turned 21 a few days ago, does this still apply?

My last question is, should I bother consulting an attorney? I'm going to do the PC 1000 program and from the requirements i've read i'm definitely eligible so i'm not sure if an attorney is worth it. Also to get into the PC 1000 program, how would i go about doing that?

Thank you.

http://law.onecle.com/california/penal/1000.html

Here's a good explanation: http://www.shouselaw.com/drug-diversion.html

(*I have no connection to the link, just a googler.* )

 

[CdwJava]

My first question is the ticket says date to appear as on or before 60 days, will i receive something in the mail similar to a speeding ticket for paying/showing up?

There is no specific date on the citation? If, for some reason, you are expected to appear within 60 days and not on a specific date, then you need to do so. You may not receive anything more in the mail.

My second question is, I was under 21 when i got the ticket and i've read that if you are under 21 it's a 1 year license suspension, but i turned 21 a few days ago, does this still apply?

VC 23222 does not result in an automatic suspension even under 21.

My last question is, should I bother consulting an attorney? I'm going to do the PC 1000 program and from the requirements i've read i'm definitely eligible so i'm not sure if an attorney is worth it. Also to get into the PC 1000 program, how would i go about doing that?

Why are you doing PC 1000? VC 23222(b) is only an infraction, so why would you want to do diversion?

However, it would be advisable to get yourself clean anyway. Continuing to smoke marijuana will only result in more law enforcement contacts and problems.

 

[dekkiller]

There is no specific date on the citation? If, for some reason, you are expected to appear within 60 days and not on a specific date, then you need to do so. You may not receive anything more in the mail.


VC 23222 does not result in an automatic suspension even under 21.


Why are you doing PC 1000? VC 23222(b) is only an infraction, so why would you want to do diversion?

However, it would be advisable to get yourself clean anyway. Continuing to smoke marijuana will only result in more law enforcement contacts and problems.

It just say's 60 days.

From what i've read online any drug conviction in the area it's found in is basically an automatic suspension for 1 year if you're under 21, is that old/wrong info then?

I'm doing PC 1000 to keep it off my record so it doesn't hurt my future employment.

I've gotten myself clean already, even back then i barely smoked only once in a few months to take the pressure off for finals.

 

[dekkiller]

When: ON OR BEFORE THIS DATE: 60 days( he wrote that) TIME: 0830 AM


The weird thing is when we asked if i'd have to go to court he told me i could just pay it and not go if i didn't want to but i haven't received anything in the mail either.

And for getting into PC 1000 do i just speak to the judge or something?

 

[dekkiller]

Also, does anyone know if this counts as a DUI/DWI? I thought it's just an infraction based on the ticket but from googling the VC 23222B some mention its a DWI?

 

[CdwJava]

Okay, no, it's NOT a DUI and is not priorable as one.

As for PC 1000 that section has not been modified since 23222(b) was changed from a misdemeanor to an infraction but appears to still be allowed ... in theory. But, there's no great reason to take diversion for an infraction - it doesn't get any lower than that, and it's not an offense conviction that you have to report to employers here. And, yes, I did find that 23222(b) SHALL result in a one year suspension if you were under 21 at the time of the offense (VC 13202.5), but I don't know that a traffic court is going to offer PC 1000 since there is no prosecuting attorney to offer it.

And, if it says show up at 0830 within 60 days, then show up within 60 days at 8:30 AM. You may or may not get a courtesy notice in the mail. I would wait at least two weeks before going to court to arrange for payment (i.e. guilty) or to be arraigned and go to trial.

 

[dekkiller]

So it's if i was under 21 at the time of the offense? it doesnt matter that im 21 now? I want to do the PC 1000 to avoid this going on my record at all and to avoid a license suspension.

 

[CdwJava]

So it's if i was under 21 at the time of the offense? it doesnt matter that im 21 now?

No. Not legally.

I want to do the PC 1000 to avoid this going on my record at all and to avoid a license suspension.

It might not even be an option as the prosecutor has to be involved and infractions are filed directly to the court and NOT through the District Attorney in most counties. About all you can do is ask. And, your license might still be suspended while you are on diversion IF PC 1000 is allowed.

 

[Silverplum]

Reading links is good.

 

[dekkiller]

Reading links is good.

i read the links but that's the thing im getting contradicting info, both the links you posted say 23222 b is eligible for drug diversion but i'm being told i might not be able to since there's no prosecuting attorney for infractions?

 

[CdwJava]

"Eligible" doesn't mean it will be offered or available.

As I mentioned PC 1000 was not modified after the law was changed to make VC 23222(b) an infraction. So, while successful diversion might mean that a charge is eventually determined to be dismissed, you might have to suffer a suspension, probation conditions, and drug testing for up to 18 months (and PAY for those services and programs in addition to the fines imposed for the violation).

Also, keep in mind, that for PC 1000 you also plead GUILTY to the offense in order to get in the program. It is only after successful completion that your charge is returned to the court and dismissed. So, you really would not avoid the suspension. Remember VC 13202.5(a) says that the court SHALL (i.e. WILL, MUST, GONNA HAPPEN) suspend your license if convicted.

So, the only real benefit of PC 1000 for an infraction is to ... uh ... well, to get the infraction off your criminal record. But, since it will not be on your criminal record, it will only be on your traffic record, it's almost moot unless you intend to be a professional driver (doubtful if you're already smoking whacky weed).

 

[dekkiller]

Most place's i've read say that you agree to plead guilty but that the charges are suspended/put on hold until after you pass or end up failing out of the program though, so wouldn't the license suspension also be delayed?

"If a judge determines that a drug offender is a qualified candidate for PC1000 Diversion, the criminal proceedings can be suspended for 18 to 36 months while the drug offender participates in an approved drug treatment program."

http://www.npcrimlaw.com/index.php?id=23

 

[dekkiller]

Also, I appreciate the help a lot, you've helped clear up a lot of issues for me thankfully.

 

[CdwJava]

Most place's i've read say that you agree to plead guilty but that the charges are suspended/put on hold until after you pass or end up failing out of the program though, so wouldn't the license suspension also be delayed?

Maybe. PC 1000.2 says that you must plead guilty, but PC 1000.3 says that the guilty plea will not be used as a conviction for anything unless the prosecutor or the court or probation finds you are performing unsatisfactorily.

But, as I previously mentioned, since this is a TRAFFIC infraction, there is no prosecutor to request diversion from. You will have to ask a local attorney or inquire with the traffic court whether or not you can even enter into the program. Keep in mind that the program costs will likely be far greater than any fines you might face with regards to the offense. But, if you need the license more than the money, AND your county somehow happens to have a DA assigned to traffic matters (an exceedingly rare thing) then, maybe ...