Marijuana Possesion in CA

[spayce]

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

Got busted for sitting in a parked car at a park for 1.5grams. Cop used 23222 (b) cvc code. But that code says says possession while driving. I wasn't driving. I was sitting in a parked car with the engine off.

First time offender no prior, plead not guilty of 23222 (b)

what do you think?

 

[CdwJava]

Well, a "driver" does not have to be moving the vehicle to qualify as a driver. You only have to be in control of the vehicle ...

305. A "driver" is a person who drives or is in actual physical
control of a vehicle. The term "driver" does not include the
tillerman or other person who, in an auxiliary capacity, assists the
driver in the steering or operation of any articulated firefighting
apparatus.​

So, by extension, I would assume an argument can be made that the vehicle does not have to be in motion.

But, there is case law associated with DUIs that might be applicable here.

From CPOLS:

To constitute "driving," there must be some actual movement. (Mercer (1991) 53 Cal.3d 753, 768.) However, only slight movement of the vehicle is necessary, i.e., just a few feet, or even inches. (Padilla (1986) 184 Cal.App.3d 1022; Henslee (1985) 168 Cal.App.3d 445.) For a motorized vehicle, it includes any movement with the motor off, such as coasting down a hill, or pedaling a moped. (Jordan (1977) 75 Cal.App.3d Supp. 1.)​

So, it might go either way.

If you want to spend more money than the fine, you can consult an attorney and have them make the arguments for you. If you want to give it a go yourself, you can try. Or, you can take Prop. 36 (drug treatment) and learn to quit using pot and stay out of future trouble for dope.

 

[CypressRyan]

Were the keys in the ignition and/or were you in the drivers seat? Do you have a valid doctors recommendation?
It is a $100 fine anyhow, pay it and close the book.

http://www.dmv.ca.gov/pubs/vctop/d11/vc23222.html

Don't be dissuaded from cannabis, the nay-sayers are dying literally and politically. The 6000+ years of cannabis use in humans is headed back to the main stage.

 

[spayce]

thanks for the replies! It is really helpful.

Yes the keys were in the ignition and in the drivers seat. We were listening to the CD player. does that constitute driving? I heard from someone else that it does.

How easy is it to change a plea? Can I do that before trial or do I have to wait? Can I request a deferment (or what ever its called) to attend classes and pay the fine and then get it expunged?

thanks again for the replies

 

[spayce]

change plea?

How easy is it to change a guilty plea and get a diversion program?

 

[CdwJava]

How easy is it to change a guilty plea and get a diversion program?

Neither should be difficult. But, before you do either one, I would recommend you consult an attorney.