QUESTION
Is possession of marijuana while driving considered as an infraction or a misdemeanour?
Asked on Aug 24th, 2012 on Criminal Law - Michigan
More details to this question:
This possession of marijuana while driving says that the crime is treated as an infraction. However, my ticket says misdemeanour. I am 19.
20 ANSWERS
You need to hire an attorney to represent you and keep this off your permanent record.
Answered on Jul 17th, 2013 at 1:29 AM
Read the ticket again. What does it say.
Answered on Aug 29th, 2012 at 11:50 PM
In Nevada there are no infractions for moving violations or possession of marijuana. All offenses are considered misdemeanors.
Answered on Aug 29th, 2012 at 11:17 PM
Michael J. Breczinski
Possession of marijuana without a card as a caregiver or patient is a misdemeanor. IT IS A CRIME.
Answered on Aug 29th, 2012 at 7:29 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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It is a misdemeanor because you also possessed it.
Answered on Aug 28th, 2012 at 10:39 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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yes, certainly a misdemeanor. Get a lawyer on board ASAP.
Answered on Aug 27th, 2012 at 9:07 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It could be dealt with as either you may need a lawyer.
Answered on Aug 27th, 2012 at 9:07 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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It's determined by the quantity. The charges actually filed by the prosecutor will determine how much "time" and other penalties could potentially be imposed. You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors' evidence when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. Sounds like the prosecutors chose to file as an infraction, despite what the officer desired.
Answered on Aug 27th, 2012 at 4:35 PM
Can be both, at the prosecutor's discretion. Worse, if convicted you'll lose your license for 1 year. Contact an attorney, who may be able to get this relatively minor offense infracted or dismissed altogether.
Answered on Aug 27th, 2012 at 4:06 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It depends upon the quantity and whether any was found in your system.
Answered on Aug 27th, 2012 at 1:23 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Possession of marijuana in MA, under 1 oz, is a civil infraction. However, if they charged you with driving while under the influence of drugs, that is a far more serious charge and would be a misdemeanor. If it is a criminal charge, misdemeanor, you will have to go to court. If it is a civil violation, you can either just pay a fine or appeal it.
Answered on Aug 27th, 2012 at 1:22 PM
3 Awards
It's a petty offense unless it is more that 2 ounces
Answered on Aug 27th, 2012 at 1:20 PM
Thomas Edward Gates
The misdemeanor defines the "degree" of infraction for sentencing purposes.
Answered on Aug 27th, 2012 at 10:38 AM
4 Awards
Possession of marihuana is illegal regardless of where you are, in PA. If it is in your system wgile driving that can be DUI as well.
Answered on Aug 27th, 2012 at 10:32 AM
In Michigan it is considered a misdemeanor.
Answered on Aug 27th, 2012 at 10:31 AM
James Edward Smith
It is a misdemeanor
Answered on Aug 27th, 2012 at 10:30 AM
Steven D. Dunnings
Misdemeanor
Answered on Aug 27th, 2012 at 10:30 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Misdemeanor or possibly disorderly persons
Answered on Aug 27th, 2012 at 10:30 AM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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*Assuming *you have less than 1 ounce it is a class B misdemeanor. Listed below are the potential penalties. *Elements-* A defendant commits a *class B misdemeanor*, possession of marijuana, when they knowingly and intentionally possess or use a controlled substance analog or a controlled substance *and the amount of marijuana is less than 1 ounce*, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the person?s professional practice. *Fine- *Class B misdemeanor: A fine not to exceed $1,000[1] , plus a 90% surcharge.[2] *Restitution- *The court may order a defendant convicted of this crime to pay restitution.[3] *Imprisonment- *Class B misdemeanor: A term in jail not to exceed 6 months. [4] *Driver License-*Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for possession of marijuana.[5] *Seizure-Forfeiture-Property rights-*Possession of marijuana subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act.[6] This means that defendant's car, land, house, belongings, and money can be seized by the State of Utah.
Answered on Aug 27th, 2012 at 10:29 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Depends on the amount or the level on impairment whether you are charged under a local ordinance or state statute.
Answered on Aug 27th, 2012 at 10:28 AM