Legal Question in DUI Law in California

Last night i was pulled over. the cop was on the opposite side of the street and when he pulled me over he said it was because of the right tail light being busted. i told him i got a ticket for that last week. i asked for him to let me go or to give me a ticket for it. he asked if i was on probation or parole, i stated court probation for a 2008 dui. he asked for my drivers license. when i gave it to him he asked me to step out of my car. when i did, he asked all the other passengers for their id's. upon search of the other passengers, they retreived marijuana and other items. i told them they could search my car since i had nothing to hide. they did not find anything in my car or in my possesion; however, they still gave me and the passenger a ticket for possession of marijuana. ticket states- 23223 (b): drive possess marijuana. what are my rights? can they do this? what is the worst scenario for me considering my dui- court probation?


Asked on 1/26/10, 3:03 pm

1 Answer from Attorneys
Dave Jake Schwartz sonomacountyduilawyer.com

I like your case. You should write down every single detail while you still remember, including the precise order of questions, answers, actions and reactions, as soon as possible. Have each passenger do the same. Then get a local lawyer to review these facts with you in detail. Fix your tail light!

Your rendition of the facts indicates that you have an arguable defense to the possession charge based on the fact that others possessed the marijuana rather than you. Assuming that the personal searches were not consensual, your passenger has an arguable defense that the police had no justification to detain or search him/her.

Your worst case scenario would appear to be that the district attorney files a case against you, and you fight and lose, and you are found guilty of the possession charge and also found to be in violation of your DUI probation. The consequences would vary depending on the strength of the case against you, any additional DUI or criminal history, the nature and quantity of pot and "other items" found, and the charging and sentencing policies of your local district attorney and the assigned judge, but typically such cases do not involve significant jail (or jail alternative) exposure. Nevertheless, you should definitely explore the defenses discussed above, and any others which might suggest themselves after a thorough review with an experienced local criminal defense attorney.

If you are ever in need of a Sonoma County DUI lawyer, or wish to browse information on DUI law, please feel free to visit my website at http://www.sonomacountyduilawyer.com. Good luck, Jake

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Answered on 2/01/10, 2:56 am


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