new user got a possession charge with mmj card

Precisely! But anything is possible. I suppose.

Well it was in traffic court I guess here is what happened...I was with a friend who was driving me home at about 2 am. We got pulled over and the officer suspected my friend of driving under the influence. He had a beer and was arrested on a suspected DUI he refused a breathaliser and had a blood test which came back clean and charges were dropped for him. When the officer was giving my buddy a sobriety test I was searched for weopons and a tiny bag of weed was found. I did not have my paper work on me and got a ticket for possession and a ride home. There are no extreme circumstances and I'm telling it exactly how it is. I did not even worry about a lawyer because I thought the law is on my side for this one. I made this post to see if this is the norm for people with their cards and to see what I can do. Thanks for suggestions guys I just don't want to be paying more for a lawyer to clear this up than the fine itself. The judge literally said that regardless of my card possession of cannabis is still illegal I am super confused after this whole experience.

Yeah it may be an infraction but that is still money out of my pocket for something I'm legally allowed to possess. its like getting a ticket for jaywalking in a crosswalk the way I see it.

I wasn't hostile in any way, I was not intoxicated, and I definitely was not being ass smoking in front of the cops like a kid or whatever...oh and an infraction does stay on your record until it is expunged.

You're right. It does stay till expunged, I was incorrect about that. But it does not show up in criminal background checks (which is what I was thinking of. I had it incorrect in my head though) nor is it by cal law required to be disclosed to potential employers. Either way I think we can see what happened. The judge didn't fine you for having cannabis. He fined you for not having your paperwork on you. Like driving without a license on your person or in your car. The cop ticketed you because that was what he was supposed to do. Granted, he has discretion in the matter, but even being a hard ass he was within his rights to ticket you for possession. Hell, you're lucky he gave you a ride home.

How much was the fine? 300? 400? You'll pay more than that fighting this and winning. Pay it, move on, and carry your rec with you next time.

rrReagaN said:

I wasn't hostile in any way, I was not intoxicated, and I definitely was not being ass smoking in front of the cops like a kid or whatever...oh and an infraction does stay on your record until it is expunged.

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What was the reason the cop stopped you? What made him suspect you had cannabis?

I had no problem with the cop ticketing me but I feel the judge screwed me on this and if that's alright with you than that's cool...it's not about the money for me it's the principal. I keep my paperwork posted on my grow man I don't take that anywhere with me unless I have to, like to the courthouse this morning. I know I might be bitching about a couple bucks but the fact that I got a fine for something I am legally allowed to possess is bullshit. I got a possession charge showed the judge my paperwork and still was charged with possession not for possession without a lisence but the same charge I would have got if I weren't a cardholder.

I was pulled over with a friend who was driving suspected of a dui. The officer didn't suspect cannabis he said he was checking my pockets for weapons. I shouldn't of let him search me but felt that I had no choice.

something sounds wrong here!

First your doc doesn't offer 24 hr. phone verification?

Second if you appeared before a judge in court you would of been offered the right to free counsel. Most judges either take you as narcissist or a dumb-ass if you wave the right to counsel. You seem knowledgeable, but I do agree something is a miss?

If time is not an object, but principle and money are. Get on the court docket and get a public defender and have him/her motion for few things "get charges dismissed, need time to seek appropriate counsel, and or change of venue!" DA's hate this shit. Why? Because your spending the states money, and their conviction rate is not going up! Their "DA/Court" our not winning by you not being convicted and taking your money.Tell em take it to trial, doesn't mean you have to take it there. Make them spend more money then you have to.

You couldn't of been in traffic court your matter was about a controlled substance. When it comes down to it Fed. law rains Burrito Supreme.

O, and never talk to the judge speak to him through an attorney. If you research and prepare your argument you may be able to work a good plea through your public defender.

Good luck.

Hmm, I see no probable cause to search a passenger ...this should be beat.

If your friend was the one driving and they had no probable cause you shouldn't consent to a search.

The lesson to be learned here? Keep a copy of your paperwork on you when you're holding.

rrReagaN said:

.... I was searched for weopons and a tiny bag of weed was found. I did not have my paper work on me and got a ticket for possession ....

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Isnt that like driving while not having your license on you ? (fine worthy)

Corso312 said:

Hmm, I see no probable cause to search a passenger ...this should be beat.

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He consented to the search though. Unless he can prove he was under duress it's too late now.

They don't ask to search ya, they just say step out of vehicle n ask u if u have drugs,weapons or sharp objects...no PC to search passenger for dui.

Also, let us all remember that what a cop is supposed to do and what a cop does are often two very different things. Hey, OP... do you look or are you young? Like under 25? In my experience, cops are more likely to pull illegal crap and try to intimidate young people more often than older people. They count on young people not knowing their rights and not being able to afford a lawyer.

Mithrandir420 said:

Or since it's an infraction, which means nothing on your record, and the fine is only a couple hundred, maybe just pay it and move on with your life?

Although, I also believe that there's mor to this story than the OP is telling us. Or it's all made up.

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I concur. There must be something more to the story.

Mithrandir420 said:

Or since it's an infraction, which means nothing on your record, and the fine is only a couple hundred, maybe just pay it and move on with your life?

Although, I also believe that there's mor to this story than the OP is telling us. Or it's all made up.

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rrReagaN said:

I was pulled over with a friend who was driving suspected of a dui. The officer didn't suspect cannabis he said he was checking my pockets for weapons. I shouldn't of let him search me but felt that I had no choice.

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Google Terry Stop. The officer is allowed to pat you down for weapons to ensure officer safety.

Mithrandir420 said:

Or since it's an infraction, which means nothing on your record, and the fine is only a couple hundred, maybe just pay it and move on with your life?

Although, I also believe that there's mor to this story than the OP is telling us. Or it's all made up.

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Corso312 said:

They don't ask to search ya, they just say step out of vehicle n ask u if u have drugs,weapons or sharp objects...no PC to search passenger for dui.

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Once again, read up on Terry Stops.