Alcohol & Drugs: MIP, MIC, Intoxication CA - MIP and MJ Pos.

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vigilo

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The story starts off as i drop off 4 of my friends to their cars in a parking lot. After I pulled over and let them out, I proceeded to leave when a cop car pulls behind me with no lights and begins to follow me. He follows me about 1 mile with his lights off until i get onto the freeway. He turns his headlights on and I exit with him still following me. (I wasnt trying to lose him or anything, I was going to my friends house). We hit a red light in which he pulls aside me..but not far enough to be window to window. The light turns green and then he gets back behind me and pulls me over. As he comes to my window, he immediately smells Marijuana. I'm asked to get out and a search of my car begins. Eventually he finds almost an ounce of marijuana, a scale, a grinder, a bottle of unopen Absinthe (alocohol) and my bong. FUCK! He proceeds to question me, in which i do not lie about anything...Eventually I get 1 Mega Ticket...
5200(i) - No front license plate
11357(b) - Poss MJ
25663(a) - Minor in possession

Now I have a court date in which i can go anytime before October 19th. I have never been faced with this situation before. I am 18 but live with my parents who pay for my insurance. I was hoping they wouldnt find out. Can someone please give me some advice on what to do at the hearing and what i should expect? thanks
 
First, he did you a favor by citing the 11357 section as that means it will be purged in two years. Had he cited you for the Vehicle Code section for possession of marijuana (CVC 23222) it would remain on your driving record for 7 years.

In any event, a conviction of either the B&P 25663 or the H&S 11357(b) "SHALL" result in a court suspension of your license. After the suspension you may petition the court for a restricted license.

You may want to consider hiring an attorney on this to see if you can work a deal that might include getting your restricted license almost as quick as you get it suspended. Doing it yourself might be a little more complex.

- Carl
 
You need to ask for a public defender.


Also, more info:

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
vigilo said:
I cannot afford an attorney, what should I do?
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Depending on the county, there is a good chance that this entire affair will be heard in traffric court. In other words, there would be no possibility of custody time attached. If so, if found guilty you could likely ask the court about how you could petition for a restricted license. be prepared to articulate why you NEED a license for work or school and why public transportation or ride-sharing is not a viable option ... and having to get up earlier is not generally a valid excuse.

- Carl
 
thanks for the advice. Im not too concerned about the license suspension since I'll be a freshman at UCD in 3 weeks. More advice like seniorjudge's would be very helpful! thanks
 
Ah ... well, good luck at the People's Republic of Davis ... try to stay away from trouble there - it's a little too expensive to blow tuition on good times.

- Carl
 
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