Possession of opened alcoholic beverage bottle or can while driving; Possession of marijuana while driving; Fine (a) No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. (b) Except as authorized by law, every person who possesses, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety Code, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). Yes, you can be charged, although you could have a strong case against it. Basically, you will have to contest the charge by proving the fact that the marijuana did not belong to you and that there was a legitimate reason as to why it was in your car. To put it even more plainly, you and your friend will have to convince the District Attorney/Judge/Jury that the drugs did not belong to you and that they belonged to your friend. That would be your best chance at getting rid of this charge. Your good record doesnt hurt either. I am assuming that this attached charge is the actual one you were charged with
Answered on Jul 13th, 2011 at 12:12 PM