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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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I was arrested last night for vehicle codes HS 11550(a) and

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I was arrested last night for vehicle codes HS 11550(a) and HS11364. I have a court date on 5/21. What do I do now?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Do you have any priors?





Customer: replied 4 years ago.
I think we need someone in CA. Do you know California law? No priors.
Expert:  Ely replied 4 years ago.
I do know general California law, but I can opt out to have a California expert assist you (I don't know when one will be or is already online). I can also help you find an affordable attorney in your area if you'd like - please let me know which option suits you.
Customer: replied 4 years ago.
Please opt out and we'll wait for a CA attorney. Thanks for your help.
Expert:  Cedric replied 4 years ago.

Hi, if you have no prior convictions you will be eligible for the penal code 1000 program, in which you just have to complete a course of treatment, come back to court in 18 months and have your case dismissed after then (assuming you stay clean and don't pick up any new offenses in that time).

 



Edited by Ced on 4/21/2010 at 5:14 PM EST
Customer: replied 4 years ago.
Thank you, XXXXX XXXXX direct us to where those two violation numbers are explained as well as the penal code 1000 program. Can I drive in the mean time? What local agency would have more info?
Expert:  Cedric replied 4 years ago.

You can call your local public defender's office. I can give you the number for the county you're in, if you let me know what it is.

 

 

Health and Safety Code Section 11550 is being under the influence of a controlled substance.

 

11364 is possession of paraphernalia. (Such as a meth pipe).

 

Of course both charges wil only be substantiated if you were under the influence of a controlled substance and what they found was parphanelia for using it.

 

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=1000-1000.6

 

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11550-11555

 

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11364-11376

 

You can still drive since you weren't charged with driving under the influence or any vehicle code section for that matter. (Both are health and safety code sections). It's odd that they didn't charge you with a DUI (although I saw it quite a bit in under the influence 11550 cases, especially those where the person was charged with being on meth), but since they didn't, you don't have anything to worry about as far as driving goes.

 

 

Customer: replied 4 years ago.
Do I need an attorney? Also, I do not have auto insurance and I'm not sure if my registration and drivers license are affected by that. My drivers license and registration are in NY state. The cops never mentioned it. How do I find out? What would be my steps to correct all this before my court date? License, insurance, then registration? Where do I start?
Expert:  Cedric replied 4 years ago.
You weren't charged with any vehicle code violations so there's nothing to correct. You were only charged with being under the influence of a controlled substance and possessing drug paraphernalia. You can't correct this before your court date, but you'll be offered the deferment program PC 1000, and like I mentioned earlier, so long as you complete your treatment and come back to court you can get the charge dismissed so it'll never be on your record.
Customer: replied 4 years ago.
So it sounds like "being" under the influence and "driving" under the influence are two different things. "Being" is health and safety and "driving" would be a vehicle code violation.
It was marijuana. Is this a felony? Misdemeanor? I wasn't actually under the influence. They did a urine test. The breathalizer showed .082 and .084. Would they have known if my license and registration was suspended?
Expert:  Cedric replied 4 years ago.

Yes, they would know if your license and registration were suspended.

 

If it was marijuana, that doesn't constitute a violation of 11550 and 11364 (only being under the influence of meth, heroin, or pain killers and other prescription drugs without a prescription constitute violations of 11550) so you should be able to get the charges dismissed.

 

Also, I'm suprised you weren't charged with a DUI since you blew over a .08, unfortunately you still can be by the D.A., but hopefully they won't revise the charges.

 

All of these are misdemeanor offenses, but the 11550 and 11364 cases should be dismissed, so the only thing you'll have to worry about is a DUI, and if they only gave you a breathilizer (and not an intoxiliyzer), your public defender should get the tests suppressed, and at most you should maybe have to plead to a wet reckless.

Customer: replied 4 years ago.
The charges again were HS11550 (a) and HS11364. What does the (a) stand for? As your answers did not state the exact code numbers above, do you have any more input? Should I hire an attorney or just use the pd and how do I plead?
Expert:  Cedric replied 4 years ago.

You should plead not guilty. The public defenders in California are pretty good (especially those in Orange County--but I'm biased since that's where I practiced) so you are in good hands with them and don't need a private attorney.

 

11550(a) is just the subcode of the section. It is in the link above.

Customer: replied 4 years ago.
One last question: So it sounds like "being" under the influence and "driving" under the influence are two different things. "Being" is health and safety and "driving" would be a vehicle code violation.

Is this correct?
Expert:  Cedric replied 4 years ago.
Exactly right. Thanks.
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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