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I was pulled over, received a possession of mj infraction($500+). I have a valid mmj rec. DMV wants a retest. What do I do?

Escondido, CA |

I was pulled over when I asked why I was pulled over he said I was going fast but on my ticket it says I was within the legal speed. The car smelled like marijuana so he asked how much marijuana was in the car so I told him I had some and he asked me to give it to him so I did. He then asked for my medical card and I handed him my reccomendation he instantly asked for the state issued card and I told him the reccomendation was all I had. He then asked me if the DMV was aware of my marijuana use I said yes because I did put it in the paper work when I got my license. He then said well I'm going to make sure they do know and that I may need to re test. I got mail from the DMV that I need to have my doctor fill out it says drug addiction and then I have to retest. And the ticket costs 500$!??

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Attorney answers 4


An attorney can help ensure that you do mot lose your license. The concern about the retest is suspending your license until you get a licensed physician to certify a medical necessity and obtain the state issued MM card. An attorney familiar, as we are, with liaising with DMV for these matters, including seeking a hearing and proving up your case, is invaluable. Hire counsel before you cannot reverse your plight.

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.


I agree with my colleague. You need an attorney to deal with this and be proactive with the DMV and court.


Get an attorney right away before this blows up into something with serious consequences.


Hire a locally experienced criminal defense attorney to assist with this ASAP.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555