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

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

Fresno, CA -

Attorney Answers (4)

Richard Franklin Taub

Richard Franklin Taub

Criminal Defense Attorney - Sherman Oaks, CA
Answered

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.

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Michael R Crosner

Michael R Crosner

Personal Injury Lawyer - Northridge, CA
Answered

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 .... more
Vijay Dinakar

Vijay Dinakar

Criminal Defense Attorney - San Jose, CA
Answered

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.

Susan Marie Hearne

Susan Marie Hearne

Criminal Defense Attorney - Chico, CA
Answered

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.

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