Skip to main content

Im on dui probation in California, Marijuana possession in california is an infraction, I was told infractions dont trigger a

Fresno, CA |

probation violation. Do you think marijuana possession would violate the dui probation?

Attorney Answers 4

Posted

There is an argument that the infraction is not a crime and, therefore, does not trigger a violation of probation. There is an equal argument to the contrary, i.e. that it is a public offense, triggering the violation. An attorney needs to review the sentencing and probation terms paperwork to determine your risk level here.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

Mark as helpful

7 lawyers agree

3 comments

Asker

Posted

Is the paperwork your talking about the minute order that was given to me? or is their more in depth paperwork detailing the conditions i should get?

Richard Franklin Taub

Richard Franklin Taub

Posted

To do a truly thorough job and feel safe or sunk, you would hve to review the court file AND the transcript of your sentencing hearing. Remember, the Judge could have said something that might exonnerate or bury you on the record. If the former, you could need it to defend yourself from the violation.

Asker

Posted

How would i obtain the court file and transcript?

Posted

You need to consult with a local criminal attorney - it could PROBABLY go either way, depending on the facts of your case; your probation terms; and the particular judge & prosecutor.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Mark as helpful

6 lawyers agree

Posted

A term of your probation could be not to use marijuana. If you have a medical marijuana recommendation then the court can permit you to use your medicine. Here it looks like you don't have a recommendation since you were issued the citation for the infraction. You need to hire an attorney to fight the infraction and any violation of probation allegation. Best of luck.

Mark as helpful

6 lawyers agree

Posted

Depends on the facts of your 1st case and how those probation terms were ordered. Those terms may include " no marijuana". If probation terms include a drug restriction, and your -1st case did not have facts related to drugs, get your attorney to argue n change that part of probation order.

Mark as helpful

2 lawyers agree

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics