QUESTION
What is my worst scenario for possession of marijuana and DUI?
Asked on Feb 09th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over for a bad light. Officer approached, smelled marijuana and had me to sobriety test which I failed. The officer started questioning me and asked when the last time I smoked. I told him after work, which was 20 minutes ago to avoid him from calling my boss. I smoked an hour ago during my break. I wasn't high. I took two hits out of a joint and that was it. I am scheduled for two court dates. They also took my urine test. I hired a lawyer.
3 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What is my worst scenario? A year in jail on each misdemeanor. You already hired an attorney, ask him your questions.
Answered on Feb 13th, 2013 at 3:05 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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If you already hired a lawyer to defend you, I would recommend that you speak to him further about any questions you may have about your case. He has, or will have more information about the details of your case. And getting these answers is part of what you are paying him for. I will say that in many cases, marijuana DUI's have strong defenses, particularly where there is no per se law like there is in alcohol related cases. Plus based on what you wrote, there is no bad driving as you stated you were pulled over only for the "bad light" which I assume means that you had a headlight or taillight out (not that you ran a red light).
Answered on Feb 12th, 2013 at 3:07 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you have a lawyer, you should ask your lawyer. The consequences of your actions will largely be determined by the charges filed and the effectiveness of your lawyer. If you are convicted of a DUI, because drugs are the cause, you will lose your license for 6 months beyond that, the consequences are the same as if alcohol was involved. If they file charges under the Health and Safety Code, your consequences ramp up dramatically, again you should consult your lawyer, if he/she doesn't know maybe you should look into hiring someone who does. Finally, urine cases are very defensible.
Answered on Feb 12th, 2013 at 3:07 PM