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CA drug charge while on probation for DUI

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mike_in_cali

Junior Member
What is the name of your state? California

I have a question regarding CA drug laws and probation. I was caught with possession of approx. 1 gram of methcathinone (Schedule I substance) and less than 1 gram of marijuana. I am currently on probation for a first-time DUI, after having completed all required classes and community service hours for the DUI. Will I be eligible for probation and classes under Prop 36 if I am already on probation? What if I agree to random drug testing I pay for out of my own pocket? (Not normally required under Prop 36, right?)

What should I be expecting for a sentence? I have a good job, am getting good grades in school, and feel like I'm close to getting my life together. I have been clean of everything other than weed for at least a couple months now, and then they find some old stuff. Man this sucks.

Thanks for any advice.
 


CdwJava

Senior Member
I believe the new charges can be pled to prop. 36 ... in fact, I think that you'd have to be offered it if you are otherwise eligible.

But they COULD violate your DUI probation in addition to the Prop. 36 counseling program.

Consult an attorney in your area to find out the practices and available options for your county as they can vary to some degree by county.

- Carl
 

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