Juvenile 23222(b) possession of marijuana while driving

[DSteele]

glndle pasadena,ca -
son took car for joy ride with 3 other passengers. Ran a stop. Got pulled over. Cop asked if there was any weapons or narcotics in the car. My minor unlicensed driver said No. The passenger said I have some weed. The cop took them out of the car, sat them on the side walk. He proceeded to retrieved the marijuana baggy from the 18yr old passenger- per the police report.

When I picked up my son from the station the cop advised me that he was writing my son up for 23222(b) possession of marijuana while driving instead of DUI. I didn't know exactly what the story was at that time. Since the baggy was not found in the vehicle per se. Is there way to get the possession charge dismissed?

BTW-
My son had ask the cop if he could retrieve his IPOD touch from my car as he was sat curbside. The cop took possession of my son's IPOD and one of one of the passengers IPOD. The passenger got his IPOD back and was released at the scene. 3 days later my son asked if the cop had given me his IPOD, i said no. I contacted the detective and he had the cop call me. The cop called me and He advised that at no time did he hear a mention of an IPOD and he never took possession of it. The IPOD never made the property inventory. My biggest concern tho is getting the possession charge dismissed.

 

[CdwJava]

The state will have to show that he operated the motor vehicle and was in possession of marijuana. This can be show by the presence of marijuana and, perhaps, statements of the others stating that your son had possession. If he is charged solely because the passenger had it, then the chances are good that the offense will not be pursued, or that the charges will be dropped by the DA.

As for the iPod, you can make a claim to the agency for the iPod if it is not still in the car and has not been recovered.

Was it your car he took this "joyride" in? If so, check the car.

So, any repercussions for junior and some of his decision making here? I know that had it been my son he wouldn't be driving a car for quite a while and certainly would not be hanging with that "friend" who was in possession of the weed.

- Carl

 

[DSteele]

he's felt the heat

He got pulled over on Sunday He had the written test with the dmv wednesday. He got his license the next week. The car i had bought for him. he just couldnt wait. He's not getting it anymore. He's going to have to come up with the majority of the money to by his own. Yes, so he wont be driving for awhile. Specially with slim pickins on the jobs in this economy.

I took his cell phone away. I don't give him the money I use to give him. Just enough for lunch the rest of the meals are at home. He goes to school and comes home. He's not allowed to hangout with any of the kids he hungout with; He's not allowed to go out on the weekends. He had to go out and apply for jobs all around town and show me proof. Made him take up take up extra classes to stay busy. He has plenty of chores.

He's respectful. Doesn't curse. Has always helped out, good kid, good heart. I pointed out that doing good in a few things doesn't give him the lead way to do wrong elsewhere. Knuckle head move no doubt to say the least. He's definitely feeling the heat from me. He just had to findout the hard way why I kepted telling him to choose his friends wisely and do the right thing even when no one is looking. And dont catch a case for anyone.

One of the other morons was cursing out the cops. Sayin F them, they're effen liars. The cop wrote my son tried to tell this kid to stop acting crazy and cooperate, the kid kept going.

 

[CdwJava]

Sounds like you're doing the right things, so hopefully he has taken this as an object lesson no matter how it turns out. It's likely he was cited because the friends were all lipping off. In the end, the state will have to show that he was in possession of the marijuana. If that cannot be done, then the matter should be dropped or will result in a "not guilty" verdict.

- Carl

 

[DSteele]

Thx Carl

I'm sure he'll remember this difficult time. I'm making sure he does.

Now, at the time of the hearing can they change the charge to DUI, the officer wrote their eyes were red and glossy (i think thats the term he used) and that they all admit to smoking a few hours prior. He wasnt cited for DUI and he wasnt given any blood test. Other than follow my finger type field test, there's no mention in the police report about the field eye test.

I would like to keep the focus on the 23222 charge and what is written on the police report that the baggy was taken from the pocket of the other individual.

 

[CdwJava]

I'm sure he'll remember this difficult time. I'm making sure he does.

Now, at the time of the hearing can they change the charge to DUI, the officer wrote their eyes were red and glossy (i think thats the term he used) and that they all admit to smoking a few hours prior. He wasnt cited for DUI and he wasnt given any blood test. Other than follow my finger type field test, there's no mention in the police report about the field eye test.

I would like to keep the focus on the 23222 charge and what is written on the police report that the baggy was taken from the pocket of the other individual.

I cannot imagine they would change it from possession to DUI. Had they believed him to be DUI they would have handled it there in the field.

Oh, and NOW I understand why he was written for possession. They all admitted to smoking it some time earlier. If he admitted to having smoked it in the car, or having handed the baggy back to his friend, or whatever, that might very well qualify. It's a stretch to use possession in such a broad and past tense form, but I can see that an argument might be made to support it.

- Carl