New CA marijuana law - Infracion - while on DUI probation

Hello, 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!

Santa Cruz, CA -

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Attorney Answers (3)

Troy Austin Pickard

Troy Austin Pickard

DUI / DWI Attorney - Portland, OR
Answered

It could affect your probation, especially because a DUI probation probably involves restrictions against drugs and alcohol. Check your probation terms.

Jason Chase Beahm

Jason Chase Beahm

DUI / DWI Attorney - San Francisco, CA
Answered

Hello there,

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.


Best wishes,

Jason Beahm
Beahm Law
Expungement & Traffic
www.californiacleanrecord.com
415.493.8677

Robert Laurens Driessen

Robert Laurens Driessen

DUI / DWI Attorney - Irvine, CA
Answered

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.
Robert Driessen
www.driessen-litigation.com

Related Topics

Probation for DUI

DUI probation is intended to deter future drunk driving by establishing conditions that the offender must follow or face further punishment.

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