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Ca.-passenger Possessing Marijuana...driver's Fault???

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MONDE177

Junior Member
What is the name of your state?What is the name of your state?CALIFORNIA

I GOT PULLED OVER BY A COP WHO SAYS I WAS SPEEDING AND BECAUSE OF MY TINTED WINDOWS. AT THE TIME, MY PASSENGER WAS IN POSSESSION OF MARIJUANA. THE OFFICER SMELLED THE MARIJUANA AND ASKED ME IF WE HAD ANY. I WAS NOT ABOUT LIE TO HIM, SO I TOLD HIM YES AND HE CONFISCATED IT FROM MY PASSENGER. AFTER EVERYTHING CHECKED OUT, HE ASKS ME TO STEP OUT OF THE VEHICLE, GIVES ME A LECTURE, AND GIVES ME A TICKET FOR SPEEDING AND POSSESSION IN MY VEHICLE(CVC 23222(B)). MY PASSENGER WAS NOT CITED, NOT EVEN LECTURED, EVENTHOUGH HE WAS THE ONE WITH THE WEED. HE IS EVEN WILLING TO TESTIFY IN COURT THAT IT WAS HIS WEED. MY QUESTIONS ARE....

1] CAN A DRIVER BE CITED FOR POSSESSION IN HIS VEHICLE WHEN THE PASSENGER HAS IT ON HIS PERSON(PASSENGER'S POCKET)? DOES IT MATTER IF THE DRIVER KNOWS HIS PASSENGER WAS IN POSSESSION OF MARIJUANA WHILE DRIVING?

2] AM I BETTER OFF FIGHTING THE SPEEDING TICKET AND THEN FILING A SUPPRESSION MOTION UNDER PC 1538.5 FOR THE POSSESSION? THE OFFICER SAYS I WAS SPEEDING WHEN I KNOW I WASN'T. HE DID NOT USE RADAR. HE CLAIMS HE PACED ME AT "APPROXIMATELY" 60 MPH IN A 45 MPH ZONE. TO MY UNDERSTANDING, ONLY HIGHWAY PATROL OFFICERS ARE TRAINED IN PACING, NOT CITY POLICE. CAN HIS GUESSTIMATE HOLD UP IN COURT?

AS FAR AS MY TINTED WINDOWS, I THINK HE JUST SAID THAT BECAUSE HE KNOWS I WASN'T DOING 60. MY TINTED WINDOWS ARE LEGAL AND MEET VEHICLE CODE. THAT'S WHY I WAS NOT CITED FOR MY WINDOWS. I THINK IT WAS JUST AN EXTRA EXCUSE WHEN I ASKED WHY I WAS PULLED OVER.

PLEASE HELP WITH ANY ADVICE. I HAVE NEVER BEEN IN TROUBLE WITH THE LAW BEFORE. AND NOW TO HAVE THIS GO ON MY RECORD...SUCKS!!!
 


S

seniorjudge

Guest
If you are asking if you can be busted for having pot in your car, then the answer is yes. If your defense to this is that another person had exclusive control of the dope, then that is a question of fact that judge or jury will have to decide.

Speeding: pay the ticket.
 

rebornwrongdoer

Junior Member
All police officers are trained to pace a vehicle. We operate with certified calabration speedometers. Pay the speeding ticket. As for the drugs...they were in your vehicle, however the investigating officer should have charged both of you even though the drugs were in the passengers pocket. The question that comes to my mind is how much weed was the passenger carrying? Despite the answer it is the officers decision. You were operating the vehicle which makes you responsible for everything contained within the vehicle. Get an attorney!
 

CdwJava

Senior Member
MONDE177 said:
CAN A DRIVER BE CITED FOR POSSESSION IN HIS VEHICLE WHEN THE PASSENGER HAS IT ON HIS PERSON(PASSENGER'S POCKET)? DOES IT MATTER IF THE DRIVER KNOWS HIS PASSENGER WAS IN POSSESSION OF MARIJUANA WHILE DRIVING?
Yes. The driver can be cited for the passenger's possession. And since possession is actually the constructive control of the substance, and you expressed knowledge of the marijuana's presence (thus demonstrating knowledge, dominion and control), then you can be cited.


2] AM I BETTER OFF FIGHTING THE SPEEDING TICKET AND THEN FILING A SUPPRESSION MOTION UNDER PC 1538.5 FOR THE POSSESSION? THE OFFICER SAYS I WAS SPEEDING WHEN I KNOW I WASN'T. HE DID NOT USE RADAR. HE CLAIMS HE PACED ME AT "APPROXIMATELY" 60 MPH IN A 45 MPH ZONE. TO MY UNDERSTANDING, ONLY HIGHWAY PATROL OFFICERS ARE TRAINED IN PACING, NOT CITY POLICE. CAN HIS GUESSTIMATE HOLD UP IN COURT?
Absolutely, it is valid. In fact, we can do visual estimation as well.

Even if you beat the speeding charge due to a lack of proof beyond a reasonable doubt, that won't be enough to beat the probable cause for the stop, detention and discovery of the marijuana.


AS FAR AS MY TINTED WINDOWS, I THINK HE JUST SAID THAT BECAUSE HE KNOWS I WASN'T DOING 60. MY TINTED WINDOWS ARE LEGAL AND MEET VEHICLE CODE. THAT'S WHY I WAS NOT CITED FOR MY WINDOWS. I THINK IT WAS JUST AN EXTRA EXCUSE WHEN I ASKED WHY I WAS PULLED OVER.
The maximum tinting permitted by law for the front windows are usually those that come with the vehicle. If you have done any additional tinting then chances are good that they are darker than state law permits.

But, he does not need any more to justify the stop. The pace is good for the stop. The passenger's possession - with your knowledge - is sufficient for the citation.


PLEASE HELP WITH ANY ADVICE. I HAVE NEVER BEEN IN TROUBLE WITH THE LAW BEFORE. AND NOW TO HAVE THIS GO ON MY RECORD...SUCKS!!!
It's a minor infraction. It stays on your DMV record for 7 years but that's it.

- Carl
 

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