Proposition 64 has brought major changes in the state of California. However, it hasn’t completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road.
Driving In Possession
Even if you’re not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning:
- VCS 2322:CA has an “open container” law that applies just the same to the possession of marijuana. Furthermore, this means that any cannabis product within the passenger area inside a vehicle cannot open or unseal the container. If not, law enforcement can cite the open container violation against you.
- Health and Safety Code Section 11357: For individuals under 21, any possession of marijuana in a vehicle is generally illegal and can lead to citations and potential penalties, regardless of whether the container is open or sealed.
- Health and Safety Code Section 11359: If you are in possession of marijuana exceeding the legal limit of 28.5 grams or show signs of intent to sell (scale, baggies, etc) while in the vehicle, can lead to more serious charges
DUI
Driving under the influence is a serious charge. You can have a citation for an open container violation even if you’re dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time.
Can A Police Officer Search Inside Your Car?
A police officer can only search an individual’s car if:
- The police officer has a valid search warrant that has been signed off by a presiding judge or
- The police officer is authorized to do so because a valid search warrant exception applies.
What Will Happen If A Police Officer Searches Your Car Unlawfully Inside Your Car?
Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.
Protecting Your Rights: What to Do If Stopped
If you are pulled over and questioned about marijuana in your vehicle, it’s essential to remain calm and exercise your rights:
- Be Police: Keep your responses simple and respectful. Also, keep in mind that you do have the right to remain silent. As long as you instruct the police officer at the given time that you’re invoking your 5th Amendment rights, this should be fine.
- Do Not Admit: Even if you believe you’re at fault, if asked if you’ve used marijuana, politely decline to answer. Anything you say can be used against you.
- Do Not Consent to Searches: Unless they have a warrant or probable cause, you have the right to refuse a search of your vehicle. Clearly state that you do not consent.
- Note Details: If a search is conducted against your will, note the officer’s name, badge number, or any details.
- Contact an Attorney Immediately: If you are in legal trouble for driving in possession of marijuana or DUI, contact KAASS LAW as soon as possible to understand your rights and legal options.
KAASS LAW: Your Advocate In Marijuana-Related Traffic Offenses
Navigating California’s marijuana laws, especially in the context of driving, can be complex. If you’re in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it’s crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:
- Analyze the Evidence: Carefully review the circumstances of your stop and arrest to identify any potential violations of your rights.
- Explore Legal Options: Our legal team can plan and strategize on mitigating the damages of the case, or potentially dropping the charges entirely. We can explore strategies and options on how we can approach with proper and careful planning.
- Protect Your Driving Privileges: Driving is extremely important. Allow us to secure your privileges and your right to travel.
- Provide Compassionate and Effective Representation: We can get it done, given the opportunity!
Contact Us
Don’t think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.