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