I understand that California law has changed to where posession of marijuana is no longer a misdemeanor, but rather an Infraction only punishable by a -$100.00 fine and with no criminal record.
I am on a DUI probation from a couple of years ago which has a clauses that reads "obey all laws". I understand that this does not include infractions such as traffic tickets, etc. So my question is, being that posession of less than one ounce of marijuana is a non-criminal infraction, would receiving one of these infractions trigger a probation of my violation terms?
I'm not trying to get in any more legal trouble :). But it would be nice to have this cleared up.
Thanks a lot!
Criminal Defense Attorney
It could affect your probation, especially because a DUI probation probably involves restrictions against drugs and alcohol. Check your probation terms.
Excellent question. This is the first time I've heard it asked since the new law went into effect. I will say that I think it is incorrect to say that the punishment is $100 fine an no criminal record. An infraction is still criminal, it's just the lowest form of criminal violation that exists.
That said, I highly doubt that an infraction for marijuana possession is going to have an adverse impact on your DUI.
As far as getting this cleared up, my advice is to make a motion to terminate your probation and then make a motion for expungement. This is something my office handles. Feel free to contact me if you have any questions.
Expungement & Traffic
DUI / DWI Attorney
Clearly the best thing for you to do is avoid getting a marijuana citation. However if you should get one while you are on probation for a DUI it likely would not be a probation violation but no one can guarantee that as this is new territory for everyone.