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Received possession ticket, but never received mail

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ninalovesbus

Junior Member
hi, i live in San Diego California, i did not pay a possession ticket, but i did not get the court date in the mail, i called the district courts and they say my name is not in the system. Do i still need to pay the ticket? What can i do, what is my smartest course of action? It has been about 3 months since the day of the ticket. It is a marijuana ticket from the BLM near El Centro off road rec. area. My friend recieved the same ticket but his already came in the mail and his court date was mailed to him. I am a medical patient in CA. Any help is much appreciated.
 


CdwJava

CdwJava

Senior Member
ninalovesbus said:
hi, i live in San Diego California, i did not pay a possession ticket, but i did not get the court date in the mail, i called the district courts and they say my name is not in the system. Do i still need to pay the ticket?
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What code section were you cited for? I assume H&S 11357(b). Is it something else? If you were cited on BLM land, it may have been a federal offense.

Are you 18 or older?

What substance were you in possession of?

If you are UNDER 18 then the Juvenile Probation Department should have contacted you, or the Juvenile Court. Juvenile citations generally do not have court dates on them unless they are going to one of the county traffic courts. If you are an adult (18+), then the date, time and location of your arraignment were indicated on the citation.

It is possible that the citation was never filed. About all you can do is keep checking with the court, but it is always possible that the citation was issued under the wrong license number or name, so it may come back to haunt you one day even if it seems clear now.
 
N

ninalovesbus

Junior Member
CdwJava said:
What code section were you cited for? I assume H&S 11357(b). Is it something else? If you were cited on BLM land, it may have been a federal offense.

Are you 18 or older?

What substance were you in possession of?

If you are UNDER 18 then the Juvenile Probation Department should have contacted you, or the Juvenile Court. Juvenile citations generally do not have court dates on them unless they are going to one of the county traffic courts. If you are an adult (18+), then the date, time and location of your arraignment were indicated on the citation.

It is possible that the citation was never filed. About all you can do is keep checking with the court, but it is always possible that the citation was issued under the wrong license number or name, so it may come back to haunt you one day even if it seems clear now.
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i was charged with [CITE: 43CFR8365.1-4], yes i was on BLM land in Southern California Superstition OHV area, i am over 18 years old. A BLM officer pulled me over and asked for me to present OHV red stickers to show valid registration. I locked my car and rolled the windows up, got out, showed him the stickers, but he was not happy when i closed and locked my car to do so, he told me i must have my car door open to point out the red sticker on the motorcycle in my truck's bed, i looked at him for a second, then he walked around the car to the passenger door and told me i must have at least the passenger door open to show him my red sticker. Then he tried to open the passenger door but it was locked. He told my passenger to unlock the door, after asking a few times my passenger unlocked the door to exit the vehicle, as he closes the car door, the BLM officer using his hands, grabs the door frame, preventing it from closing and then told me and my passenger to stand in front of the my vehicle. Now i was watching him search through my car and he uncovered a water pipe with less than one gram of marijuana under a sweatshirt in the passenger seat, i presented to him a physicians statement recommending marijuana for my medical condition/symptoms.
 
CdwJava

CdwJava

Senior Member
The feds do not specifically recognize your marijuana recommendation. The law does, however, offer a possible defense if through a valid doctor's recommendation. However, simply having a note written by a doctor is not likely to be sufficient even in a state court as even I could make up such a document on a computer. Had you been in possession of a state DHS card you might have been given a pass. Unfortunately, you simply showed a note that cannot be verified. That means you will have to have your doctor verify the recommendation in a federal court, and it is my understanding that few will do so (my county has had zero percent compliance with this) as they might fear repercussions on their medical license as marijuana is still illegal pursuant to federal law.

8365.1 - 4 - Public health, safety and comfort.

(a) No person shall cause a public disturbance or create a risk to other persons on public lands by engaging in activities which include, but are not limited to, the following: (1) Making unreasonable noise; (2) Creating a hazard or nuisance; (3) Refusing to disperse, when directed to do so by an authorized officer; (4) Resisting arrest or issuance of citation by an authorized officer engaged in performance of official duties; interfering with any Bureau of Land Management employee or volunteer engaged in performance of official duties; or (5) Assaulting, committing a battery upon, or (6) Knowingly giving any false or fraudulent report of an emergency situation or crime to any Bureau of Land Management employee or volunteer engaged in the performance of official duties.

(b) No person shall engage in the following activities on the public lands: (1) Cultivating, manufacturing, delivering, distributing or trafficking a controlled substance, as defined in 21 U.S.C. 802(6) and 812 and 21 CFR 1308.11 through 1308.15, except when distribution is made by a licensed practitioner in accordance with applicable law. For the purposes of this paragraph, delivery means the actual, attempted or constructive transfer of a controlled substance whether or not there exists an agency relationship; or (2) Possessing a controlled substance, as defined in 21 U.S.C. 802(6) and 812 and 21 CFR 1308.11 through 1308.15, unless such substance was obtained, either directly or pursuant to a valid prescription or order or as otherwise allowed by Federal or State law, by the possessor from a licensed practitioner acting in the course of professional practice.​
You might have a defense with regards to the search, but that will depend on the articulation the officer will make to the court.

Consult legal counsel. An attorney can obtain a copy of any police report and then evaluate the potential of a successful suppression motion.
 
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