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!!!
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!!!