QUESTION
How can I avoid getting my license suspended for a marijuana infraction?
Asked on Sep 13th, 2012 on Criminal Law - Massachusetts
More details to this question:
I'm 18 and this is my first ever offense and I wasn't driving and had less than a gram on me.
19 ANSWERS
Michael J. Breczinski
You can't unless something is worked out or you beat the case. Get a lawyer.
Answered on Sep 18th, 2012 at 2:11 PM
Hire an attorney to represent you. Your attorney can probably get the charge reduced to "littering" but that depends on which court this is in.
Answered on Sep 18th, 2012 at 2:11 PM
If you were not driving, your license will not be affected.
Answered on Sep 18th, 2012 at 2:10 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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See if you can get the charge dismissed or if yhou can get diversion, which does not require a conviction.
Answered on Sep 18th, 2012 at 1:05 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Hire an attorney and fight like hell with the DMV.
Answered on Sep 18th, 2012 at 12:41 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Enter a .7411 plea, it won't affect your license unless you screw up on probation.
Answered on Sep 18th, 2012 at 12:41 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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By not being convicted of a charge that makes suspension automatic, or by negotiating a deal that avoids suspension. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 18th, 2012 at 12:34 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without knowing the facts of your case, I cannot say. Whether your license suspended is ultimately up to DOL.
Answered on Sep 18th, 2012 at 12:26 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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You can't. Hire an attorney.
Answered on Sep 17th, 2012 at 11:41 PM
Estate Planning Attorney serving Farmington Hills, MI
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Law Offices of Matthew M. Friedrich, P.L.L.C.
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You definitely want to try to work out a plea under MCL 333.7411 (first time drug offenses) or the Holmes Youthful Trainee Act (17-20 year old offenders). Either of those statutes would allow you to enter a plea, serve a probationary term, then have the case dismissed upon successful completion of your probation. Without a conviction, there should be no suspension of your driving privileges.
Answered on Sep 17th, 2012 at 11:34 PM
Gary Moore
There is a way to avoid losing your license, even if you are found guilty. You will need the assistance of an attorney.
Answered on Sep 17th, 2012 at 11:32 PM
You need to get a lawyer to talk to the Judge into dismissing the relatively minor charge.
Answered on Sep 17th, 2012 at 11:23 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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If you are in Michigan, and this is a first offense, and a conviction is likely, request sentencing under Section 333.7411, if granted, which it is routinely, the conviction will not be abstracted to the Secretary of State, it will not appear on your driving record, no license suspension, and your charge will be dismissed upon successful completion of probation.
Answered on Sep 17th, 2012 at 11:19 PM
Ruth Emily Vogel
You are probably going to need a lawyer to negotiate a deal with the prosecutor so that you don't get an infraction. DOL doesn't generally compromise its rulings.
Answered on Sep 17th, 2012 at 11:15 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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Of course, if you get the charged dismissed or a diversion, then you will not lose your license. Usually, if you get a plea in abeyance, the DMV will not suspend either.
Answered on Sep 17th, 2012 at 11:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Possession of marijuana is not an infraction, it is a crime. Adjudication must be withheld in order for your license not to be suspended for 2 years.
Answered on Sep 17th, 2012 at 11:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and seek a plea to as lesser charge with fewer ramifications.
Answered on Sep 17th, 2012 at 11:12 PM
Leonard A. Kaanta
Driving suspensions are handled by the Secretary of State and nothing can be done about it.
Answered on Sep 17th, 2012 at 11:11 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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In MA, less than one ounce is considered a civil violation and should not effect your license.
Answered on Sep 17th, 2012 at 11:10 PM