Legal Question in Traffic Law in California

I am a 25 year old man, living in the San Francisco Bay area. Recently I have been having a few issues with the law, specifically as related to my vehicle.

About a year ago I bought an older vehicle. The vehicle was in need of repairs, and I was in the process of making those repairs when I got into an accident with the vehicle. Having just bought the car, I had not yet purchased insurance for it. 6 months later I get a letter in the mail from the DMV saying that unless I can bring proof of insurance for the time of the accident, my license will be suspended and restricted. Having not had insurance at the time, I was resigned to the consequences of this situation, and from then on always made sure to have school books in the car to back the story that I was on route to/from school.

About a week ago I was pulled over by a local municipal police officer and given a fix it ticket. The officer who gave it to me told me that the reasons of work or school were acceptable ones to be driving under but that he was giving me the ticket anyway because he wanted it documented. I asked him what I was supposed to do to get it "fixed" being that I could not simply re-entate my liscence. He said he did not know and to take it up with the dmv- who were no help whatsoever.

Then, 2 nights ago I was pulled over by a Santa Clara County Sheriff who not only instantly assumed that I had had my liscence suspended for a dui, (which of course it wasnt) but proceeded to change the rules on me, told me that school was not an accepted reason for driving and confiscated my liscence. I now have a fix it ticket in my hand that came in the mail today and a little piece of paper that is supposed to be my license- although on the fix it ticket I recieved I am instructed to include this paper- being then left with nothing to show legitimacy as a driver. it says that i am supposed to send it in when paying the ticket.... I have no clue as to how to dig myself out of this mess and resolve the issue so that i do not continue to be harassed by California's finest.

In addition, I am a Medical Marijuana user, and a Prop. 215 compliant patient. The sheriff who pulled me over 2 nights ago told me that my car smelled like marijuana, and although I showed her my medical recommendation, proceeded to take my car apart. She and her partner then found my cell phone and began looking through my text messages, commenting on anything they thought was interesting. They asked me to let them come over and search my house but IShe then confiscated my medical marijuana recommendation and when I asked for it back she told me that she had lost it. Is this a violation of my rights??

Thank you so much,

Judah Werdesheim


Asked on 4/15/11, 5:00 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Poor baby. You think it's OK to buy a car and drive it one inch without insurance? And then your license got suspended because you were in an accident without insurance. And then you got pulled over (the police have automatic license plate cameras, and they know instantly who is driving on a suspended license or without insurance). And they took your medical marijuana card!! And they looked through your non-password-protected smart phone. The injustice of it all.

I hope you didn't consent to letting them search your house or car. I suggest you remove your head from the clouds, or wherever it is stuck, and fix your car, get insurance, and obtain a valid driver's license. Or else take the bus. And do your smoking at home.

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Answered on 4/15/11, 5:10 pm


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