Your post has several questions.
First, do you still qualify for Prop 36 if also cited for driving on a suspended license? Technically, you do not. The driving on a suspended license disqualifies you. The reality is that most DA's will agree to work out a plea bargain that works around the suspended license issue and gets you into
From you further post it appears you also were arrested for possession of deadly weapons - if that is so, forget Prop 36 most likely. And you had prison priors. If you went to prison, it was for a felony. Most convicted felons cannot own, possesses or purchase weapons, so there is a problem there with the weapons and Prop 36 is further unlikely.
Second, was the stop illegal? Your question suggests you were under the influence. If the officer viewed you committing some type of vehicle code violation, absolutely, the stop is proper. I would need for facts from you to know if the traffic stop was improper.
My colleague is correct in his response. You have many issues. Get an attorney ASAP to sort through this.
Andrew Roberts (818) 597-0633/ (805) 496-7777
Generally, a police officer may not stop you without a reasonable belief that you are in violation of the law. If you challenge this arrest, the officer will have to explain to a judge why she pulled you over. If the stop was illegal, the evidence against you may be ruled inadmissible and all or some of the charges dismissed. You may qualify for a diversion on the drug charge (depending on several factors), but not for driving on the suspended list. You have many issues here. It is imperative that you consult an attorney with extnsive criminal law experience.
I think Mr. Hill's response is spot-on
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