California Vehicle Code 23222 B, Possession of Marijuana while Driving
by
Randy Collins on Jan. 25, 2013
Summary: Possession of Marijuana while Driving under California Penal Code Section 23222 B, describes operating a vehicle, and also having active possession of marijuana – as well as without a prescription.
Definition
Possession of Marijuana
while Driving under California Penal Code Section 23222 B, describes operating
a vehicle, and also having active possession of marijuana – as well as without
a prescription.
Since California laws
regarding marijuana has shifted in some instances regarding having this
substance legally for medical use, it’s important to consult with a lawyer if
you’ve been arrested for this crime.
Elements of the Crime
In order to take a Possession of
Marijuana while Driving CVC 23222 B case to trial, certain elements of the
crime will have to be proven. These include:
·
That the defendant
has active possession of marijuana while driving
·
The
defendant was aware of this possession
·
The
defendant had in their possession a small quantity of less than 1 oz. of
unconcentrated marijuana
Sentencing for California Vehicle Code 23222 B
These penalties are to be
determined by a judge and he/she will make a decision based on the
circumstances surrounding the case.
When found guilty of Possession of Marijuana while Driving,
it is usually filed as an infraction, with sentencing that includes:
·
Up to $100
in fines
Legal Defenses for California
Vehicle Code 23222 B
A good criminal defense attorney is able to present strong defenses for Possession of Marijuana while Driving cases
under California Vehicle Code 23222 B. Some defenses include not being aware of
the marijuana possession, or that the vehicle and/or marijuana belonged to
someone else. Other key defenses include that the police used an illegal search
to uncover the substance, or that there was a valid prescription for the
possession at the time of arrest.
To prove your innocence or get the best outcome
for your case, MacGregor and Collins has
successfully defended numerous Possession
of Marijuana while Driving cases. Call (949)
250-6097 to speak to a California drug crimes lawyer today.
Learn more about other California Section Penal Codes here.