Question
Can PC 1000 be used by a 20 year old to secure delayed entry of judgment/dismissal of this violation?
My 20 year old son was cited for 23222vc (This was changed from misdemeanor to infraction on 1/1/2011 - which took away the ability to do diversion). In traffic court he requested deferred entry of judgment under pc 1000. The commissioner said that only applied to H&S codes and 18-21 year olds were not eligible for that. I believe the commissioner was in error (this violation is specifically listed in the code). Can PC 1000 be used by a 20 year old to secure delayed entry of judgment/dismissal of this violation? (In traffic court... On appeal). Background - 20 year old, employed full time, one prior speeding citation he went to traffic school for. No criminal record whatsoever.LawQA.com Answer Library
Answered By: Law Office of Thomas F. Mueller
Section 1000 does not apply to anopen container of alchohol, only to marijuana. If the case has been reduced to an infraction you may want to consider just pleading No Contest rather trying to get D.E.J.. An Infraction is not a crime and the penalty would probably be less severe than the program necessary for the D.E.J. In any case the commisioner is wrong. D.E.J. does apply to an Infraction 23222(b)
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
Yes he can but why bother. After two years the infraction is removed. More important, no one sees it. It is like a speeding ticket. Anyhow have him go to any police station, get printed and pay a few bucks asking for his C. I. & I. That's the CA rap sheet. See what it says. If it is on there, call me.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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