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Marijuana in a vehicle not in motion. CVC23222(b) (CRIMINAL LAW & PROCEDURE)

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• Sat, 23 Dec 2006 01:07:00 GMT(1)
• OP:
  Your charge, 23222(b) mj in vehicle and 11357(b) possession of less than 28 gram of mj, are fairly interchangable. Both are misdemeanors and both carry a max fine of $100 plus penalty and assessment (no probation, no potential jail time).
  Either you, or your atty, must appear at court.
  The Prosecutor will, probably, offer you some form of diversion (hopefully, Prosecutor diversion- some Narcotic Anonymous classes or Cal-Trans/community service in exchange for reduction to infraction [usually 415 disturbing the peace] or dismissal).
  The Court is supposed to send an abstract to DMV showing this conviction, and, I believe it's a one-year suspension of your DL when you're under 21. (zero tolerance).
  I believe most CA courts neglect to notify DMV.
  If you can keep this from being a misd conviction, I would highly recommend you do.
  About your attitude: Don't expect the cops to say Yes, sir; No, sir.
  Just do what they say, keep your mouth shut (don't volunteer info or evidence), and be respectful.
  Good luck in court. (But, don't expect the Judge, Prosecutor or PD to be respectful, either.)
• Fri, 22 Dec 2006 00:05:00 GMT(2)

• Quote:

  Originally Posted by Fithfrenzy

  If I had been high, or he had believed I was he wouldn't let me drive home because that would be driving impaired.

  A reasonable assumption.
  

  Quote:

  is there a high possibility that they will try to restrict my drivers license, even though I was not driving impaired or driving when it was found?

  Doubtful. It is not required, and I am not sure off-hand if it is permitted for the violation.
  

  Quote:

  My court date was listed a month later, at which point I will be back in college, he mentioned that tickets like this are sometimes possible to do through mail. Given the situation, do you think it is possible that I could take care of this through the mail?

  If charged as an infraction, almost certainly. You will have to contact the court and ask them.
  

  Quote:

  My third question relates to the way a police officer treats his eventual defendant. Is there a certain level of respect that they must show?

  Uh ... no. So long as he does not violate the law or agency policy, he can show little or no "respect". Even if he DID violate policy in the contact, it does NOTHING to invalidate the citation.
  

  Quote:

  This officer was unbelievably aggressive and angry for how under control the situation seemed to be.

  If you feel he was out of line, contact his agency and ask to speak to his supervisor or make a personnel complaint.
  

  Quote:

  This was just one of the things he did that I felt were completely out of line for dealing with, 18 year old college students just trying to be respectful, in a stressful situation.

  Your friend might have a valid complaint, but you don't.
  However, it is NEVER a wise thing to talk back to the police. Even if the officer was unjustified in his actions with your friend, he did not have a legal obligation to inform your friend of anything. In fact, it is sometimes a wise choice NOT to try and explain things in a situation that will simply degenerate into an argument. The police generally prefer the ol': If you don't like it, tell it to the judge.
  - Carl
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