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VC 23222 (B) infraction or misdemeanor?

San Jose, CA |

I was pulled over on Jan 26, 2013 in front of a store. I was pulled out the car and questioned what I was up too. Then the cop tightened my hands from the back, and told me not to move, and he searched me from the waist up, and down. He asked if I had anything illegal in the car, and being honest, I forfeited my fourth ammendment. He asked if he could searched the car, and I agreed. He found 2 grams of Cannibis. As I was being ticketed, I ask him why I was pulled over. He proclaimed that I did not have a front license plate. The awkardness of the citaiton is that the VC 23222 was written first, and the missing license plate was wrote second. Upon investation of this citaiton, I noticed that the governor of CA changed this law to make it an infraction. Today in the mail, I received a letter

Attorney Answers 3


Under one ounce of marijuana is now an Infraction in California. However, the "fine" will be increased by about 5x the amount due to what are called Penalty Assessments.

Seth Weinstein, Esq.
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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It is an infraction. The bigger question is if you are older than 21!

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You should consult with an attorney about this stop and resulting seizure. There are a myriad of issues that your facts present and I believe that there are additional facts which may impact the legal analysis of your situation - some of which have already been raised by my colleagues.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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