On 7/1/2013 I was pulled over after making a u turn in front of my condo while looking for a parking space and given a ticket for making a "Left turn in a roadway". When the officer walked up to my car he then smelt the marijuana I had just purchased and proceeded to give me a test for alcohol intoxication
which I passed. He asked me several other inappropriate questions and then wrote me a ticket for 22100(6) VC and 23222(4) VC. The second offence was amended 4 days later to 11357(c?) H&S. I was never fined for the first offence which was the original reason for being pulled over. On 8/28/2013 I was given a medical recomendation for the use of marijuana.
On 9/26/2013 I appeared in court
I was pulled aside by a public defender who told me that I had 2 only choices. Either plead guilty and pay a huge fine with possible jail time or plead guilty and take the PC1000 option which would entail going to classes, refraining from any use of marijuana for 18 months and the offence would be wiped from my record. I believe they also asked me if I had a job and income, which I did not.
Here is where I assume I made my first mistake and that was to choose the second option. The public defender called the next name on her list and I was told to go wait for my name to be called in court. When I went before the judge the defender entered my plea of guilty, the judge fined me $255, (which I was given no warning of), and told to comply with the PC1000 statute. I was never asked about the possibility that I could prove that I was a medical marijuana patient, which I was prepared to do at that time had I been given the option or asked at all.
Since then I've had to sign up for a class with the McAllister Institute at a cost of $455.00, (Once again no warning of this cost to a company that apparently has a monopoly with the court system).
So my questions are, because the original offence was dropped does that mean that he had no probable cause
from the very beginning? Because it is perfectly legal to make a u-turn on my street and he wrote me up for making a left turn does that mean anything in the case? Do I have a case for having this overturned and thrown out, my money returned and no record of the offence to appear on my record?