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Got charged misdemeanor possesion of marijuana oklahoma city.

Resolved Question:

Got charged misdemeanor possesion of marijuana oklahoma city. How can it effect cdl class a
Submitted: 12 months ago.
Category: Criminal Law
Expert:  MyraB replied 12 months ago.
Hello and thank you for your question.

Please let me know the state that issued the cdl license.

Thank you. I look forward to working with you to provide the answer you seek.

.
Customer: replied 11 months ago.

cdl class a issused n georgia received a misdeamenor possesionof marijuana in oklahoma on7-31-13.

Expert:  MyraB replied 11 months ago.

Thank you for the additional information.

The impact on your CDL will depend on the laws of both Oklahoma and Georgia.

Under OK law simple possession of marijuana is a misdemeanor punishable by up to one year imprisonment and up to a $1000.00 fine. However, Oklahoma allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

If you are convicted in Oklahoma, under 47-6-205(A)(6) and 205.1 any conviction may lead to a license suspension of 180 days for a first offense and the state will report the conviction to Georgia under the Interstate Compact. Oklahoma may restrict your driving in Oklahoma, but because Georgia is the licensing authority, Georgia would determine any restrictions to your CDL under Georgia law based on the Oklahoma conviction.

Under GA law, possession of marijuana under one ounce is a misdemeanor and on a first offense is eligible for conditional discharge under GC sec. 16-13-2, a disposition which would leave you with no criminal record. Discharge and dismissal under this section is without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

So, it looks promising for avoiding suspension or restrictions on your CDL, but you may want to consult with an attorney in Oklahoma on getting the best disposition there to avoid consequences to your Georgia license.

Please feel free to ask any follow up questions.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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