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My question is do I qualify for a drug diversion or a prop 36 when cited for possession on suspended drivers liscense

Hemet, CA |

was it legal for the cop to stop me when she had no reason no probation registered in az address in az and charged with possession of controlled substance deadly weapons under the influence prison priors driving on a suspended
Was stalked to the drive thru then the officer backed out and waited on the main street for me then imediatl
ey as I pulled out she lighted me and

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Attorney answers 4


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.

Good luck.

Michael Lee Claessens

Michael Lee Claessens


Good substantive analysis.


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

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia