What will happen to my minor son if he gets pulled over for speeding and drugs? 63 Answers as of July 17, 2013

What will happen to my son who got pulled over for speeding and marijuana? He is a 17 year old with drug paraphernalia.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
A person who is 17 years old or older is charged as an adult for any criminal offense. He needs an attorney.
Answer Applies to: Michigan
Replied: 2/13/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Anyone charged with a criminal offense is presumed innocent until proven guilty. Any charges must be proven beyond a reasonable doubt. If you need specific legal advice regarding a pending criminal charge, I'd recommend you privately consult with an attorney. If you cannot afford an attorney, the court may appoint you one payable at the public's expense as long as you meet the eligibility requirements. Speaking generally, if stopped by the police, a hypothetical 17 yr. old in that situation could potentially be arrested and charged with criminal offenses or civil infractions depending on his circumstances. Anyone charged with a moving violation should strongly consider retaining a lawyer to assist them. They need to know their rights. Most attorneys provide free initial consultations.
Answer Applies to: Michigan
Replied: 2/6/2012
Burdon and Merlitti
Burdon and Merlitti | Adam Van Ho
Based on what you've stated, unless he has had problems in the past, he will most likely receive a fine, license suspension, and possible community service. He may also have to complete a chemical/drug/alcohol assessment to determine if he needs treatment for his drug problem.
Answer Applies to: Ohio
Replied: 2/6/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If the police believe he was driving under the influence of the drugs, he could be charged with a DUI.
Answer Applies to: Kansas
Replied: 1/30/2012
Russman Law
Russman Law | Ryan Russman
He will be charged with Speeding and Transportation of a Controlled Drug and possibly Possession of a Controlled Drug. The Speeding charge is a civil infraction and will not result in a criminal record. The drug charges will be brought a criminal offenses and may result in criminal conviction and record. The Transportation of a Controlled Drug is considered a major motor vehicle violation and will result in 6 point on his license. As he is under 20 he will also be subject to additional license penalties through the DMV. I would strongly suggest you consult with an attorney.
Answer Applies to: New Hampshire
Replied: 1/30/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Georgia treats 17 year olds as adults. With luck he just got a ticket and will have a misdemeanor or two on his record, but that is going to follow him for a very long time. He needs a lawyer.
    Answer Applies to: Georgia
    Replied: 1/30/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If charged with a misdemeanor, it is no different that an adult case. Same with the speeding ticket. (While the juvenile Court could get involved, it is not likely)
    Answer Applies to: Michigan
    Replied: 1/30/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    He may be facing criminal charges for the drug possession. However, the speeding is only an infraction.
    Answer Applies to: California
    Replied: 1/30/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Speeding will likely result in either driving school or a fine. The possession of drugs (or paraphernalia) would likely result in a conviction (youthful offender is likely to be granted) and probation. If the conviction is for any illegal drugs (not paraphernalia) the charge may be a felonyhe will lose his driving privileges for six months and will likely be on probaion for at least three years.
    Answer Applies to: Alabama
    Replied: 1/30/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    There are a few options but it is a class C misd, so most likely just pay a fine.
    Answer Applies to: Texas
    Replied: 1/27/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    A juvenile court matter comes to the court's attention when the police apprehend a minor for violating a statute. The court intake officer then evaluates the case to determine whether further action is necessary. If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution. If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated. If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered. If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition. If the allegations have not been proven to the court's satisfaction, the judge will dismiss the case. If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent. A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer.
    Answer Applies to: California
    Replied: 1/27/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Get him a lawyer, now. 17 years old, he can be sent to the adult side of the criminal justice system if this is not handled correctly. Best thing that can happen is he remains in the juvenile system, worst - charged as an adult and he gets a criminal conviction for possession of marijuana, which could keep him from going to college, cost him scholarships, opportunities in life (including job offers and denial of enlistment in the military, even if waived, the military could not give him a security clearance so officer corps is off limits as are the best job training programs).
    Answer Applies to: Texas
    Replied: 1/27/2012
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If it hasn't happened yet, tell him to stop or he'll find himself very sorry later. If it has already happened, he needs to be represented bycounsel.Hehas been charged with at least one Misdemeanor and perhaps two, along with an additional charge of speedingwhile being underaged. If he is caught before he is 21, they will likely also charge him withDWI by drugs and that will also adversely affect his license for up to the age of 21 at least. If he's been charged, make sure he has an attorney represent him.
    Answer Applies to: New York
    Replied: 1/27/2012
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    He will get arrested and go to jail.
    Answer Applies to: Michigan
    Replied: 1/27/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    He could conceivably be charged with drug/drug paraphenaliapossession and/or DUI if he was under the influence of the drug while driving. There are many variables, however such as the validity of the stop and/or search and/or seizure of any evidence. It sounds from your question as if your son has already been cited and/or arrested, and/or charged. If so, you should immediately consult an attorney in your area for more detailed advice.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    He could lose his driver's license for a year.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Offices of Steven J. Pisani
    Law Offices of Steven J. Pisani | Steven Pisani
    The speeding ticket would be the least of his problems. This would result in points that could eventually be used to suspend his license if he accumulates to 7 points. The marijuana charge could potentially have longer lasting effects, because even though marijuana possession in small quantities is only a petty offense, the federal government still views the drug possession harshly. This could lead to collateral consequences such as denial of federal student loan aid.
    Answer Applies to: Colorado
    Replied: 1/27/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No hard and fast rule, it depends on the circumstances, how much was on him, any prior criminal history, what was his attitude toward the arresting officer, what is the attitude of the court where the incident will be heard towards these type of charges, what is the attitude of the prosecuting attorney's office towards these type of charges and the likelihood of entering into some type of plea agreement, are there facts to question the validity of the stop and arrest.
    Answer Applies to: Michigan
    Replied: 1/27/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    While no one can predict what a court will do, we recommend that you retain an experienced criminal lawyer ASAP to help advise as to his rights and options.
    Answer Applies to: Georgia
    Replied: 7/17/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Hopefully it was charged as a juvenile offense otherwise he will have a record that will carry with him as he turns an adult.
    Answer Applies to: Nebraska
    Replied: 1/27/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    At 17, your son is considered an adult. He is facing potential jail time, but most likely probation, fines, and other conditions of probation. He is also facing a driver's license suspension for possession of marijuana or paraphernalia. He could also be facing a license suspension for the speeding charge, depending on the circumstances.
    Answer Applies to: Georgia
    Replied: 1/27/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    He will have to have a lawyer an go to court to answer the charges. If it's his first offense and the amount is small then he may get off pretty easy.
    Answer Applies to: New York
    Replied: 1/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer to try and get the case dismissed. If it is his first offense there is a good chance to get an ACD unless there was a lot of drugs. I am usually able to get an ACD with a day of community service for $1,500. Feel free to call for a consultation. That will prevent him from having a criminal record which makes it hard to get a job.
    Answer Applies to: New York
    Replied: 1/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Lucky him. Because he is a minor it won't affect his record. Once he turns 18 his juvy records are sealed and nobody will be able to see what he did before he turned 18.
    Answer Applies to: California
    Replied: 1/27/2012
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    First of all, he is eligible to have his case transferred to juvenile court because he is only 17-yrs-old. Second, drug paraphernalia is not a very serious offense. If he is charged in adult court he will get a fine or diversion; if he is in juvenile court it will likely be diversion or probation. Assuming there is not more to the story and your son does not have a prior history of contact with law enforcement, he will be fine. If you are still worried contact a criminal lawyer near where you live.
    Answer Applies to: Nebraska
    Replied: 1/27/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    He will probably be prosecuted in juvenile court (or perhaps at the local Magistrate), so hire a lawyer for him.
    Answer Applies to: Pennsylvania
    Replied: 1/27/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    For the type of charges you are referring to, your son is not a minor and will be charged as an adult. What will happen? He could be fined for speeding - not a jailable offense unless he is charged with reckless, which is a gross misdemeanor punishable by up to a year in jail. Possession of drugs and drug paraphernalia. you don't say what type of drugs or what type of paraphernalia or the quantity. It could be charged anywhere from a misdemeanor (max 90 days in jail) up to a felony. He could also loose his license (if he was under the influence - charged with a DUI); could be required to submit to drug treatment. There are many things that can happen. He should retain the services of an attorney.
    Answer Applies to: Washington
    Replied: 1/27/2012
    Attorney at Law | Dorinda Ohnstad
    It's not clear from the facts whether he was under the influence (or accused of being so) at the time he was pulled over. If not under the influence (or not accused of being so) then several things could happen. Could simply be charged for speeding along with a violation of Health and Safety Code Section 11364 (drug paraphernalia) or could be charged with reckless driving (if the speed or driving rises to that level) which is a violation of Vehicle Code Section 23103. If he is alleged to be under the influence of marijuana at the time could be charged with a DUI under Vehicle Code Section 23152(a) or reckless driving under the influence a violation of Vehicle Code Section 23103.5. If the allegation is that he was under the influence of marijuana and he is under age 21 it will also result in a one year suspension of his license along with the normal penalties for such offenses.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Office of Howard A. Snader
    Law Office of Howard A. Snader | Howard Snader
    The marijuana and paraphernalia are normally charged as felonies and prosecuted in the Superior Court. If he has no priors he may received deferred prosecution to avoid a felony record. As for the ticket, he is looking at driving school or fines and points. The traffic ticket is likely to be prosecuted separately from the felony by a different agency and different court.
    Answer Applies to: Arizona
    Replied: 1/27/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    He may be charged as either an adult or a minor depending if he has any prior contacts with the justice system.
    Answer Applies to: Wisconsin
    Replied: 1/27/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    He will be charged with a misdemeanor, which he must keep off his permanent criminal record.
    Answer Applies to: Michigan
    Replied: 1/27/2012
    THE DOUGLAS LAW FIRM, LLC
    THE DOUGLAS LAW FIRM, LLC | HEATHER DOUGLAS
    It depends on the jurisdiction as to what can be worked out. Your son is probably eligible for youthful offender status, so his record will be sealed and can only be seen by law enforcement. He may also get some type of deferred prosecution, where, if he does what he is supposed to, it will not show up on his record at all. Or, he may get probation, fines and court costs. It is advised you obtain a lawyer to explain to you and your son all if his possible options.
    Answer Applies to: Alabama
    Replied: 1/27/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    That depends on how much marijuana. If it was less than an ounce it will only be a fine, many times suspended, although there are mandatory court "fees" and "assessments." If it was more than that consult with a criminal defense attorney.
    Answer Applies to: California
    Replied: 1/27/2012
    Mitch Foster Law
    Mitch Foster Law | Mitchell T. Foster
    In most cases, I will be able to keep it off his record. First we have to look to see if there are any constitutional violations. Your son needs an attorney.
    Answer Applies to: Michigan
    Replied: 1/27/2012
    Law office of Robert D. Scott | Robert Scott
    As a minor, he could be incarcerated until he reaches the age of 21. If this is his first offense, he may qualify for a program involving a curfew, community service, and no further law violations, etc.
    Answer Applies to: Maryland
    Replied: 1/27/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    There are a number of possible charges based on the short question. Excessive speeding is a criminal charge, drug paraphernalia or drugs, depending on what exactly was found, could be a felony. You need to hire an attorney to fight as soon as possible before court.
    Answer Applies to: Hawaii
    Replied: 1/27/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If this happened in Illinois, your son is an adult, for court purposes and can be charged with this crime as such. A lot depends on the weight of the marijuana your son had in his possession, if under 35 grams, this is a misdemeanor, punishable by up to a year in jail and a $2500 fine, maximum. I would suppose a deal can be reached that will keep him out of jail, and perhaps without having a permanent criminal record. Again, I refer to Illinois law, if this occured ion another state, the penalties can be different. In any case, hire a criminal lawyer for this young man, he will need representation in the criminal court.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    For purposes of criminal law, your son is not a minor. If he is charged with paraphenalia - that is a class C misdemeanor. If he is charged with marijuana, then it is probably a class b misdemeanor for which he could receive from pretrial diversion to a sentence of up to 6 months in jail & up to a $2,000 fine. He should have a lawyer because of the marijuana charge - whether paraphenalia or actual drugs.
    Answer Applies to: Texas
    Replied: 1/27/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    That depends. A typical disposition might be drug school, with eventual dismissal of the charges.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    In Massachusetts a 17 year old is considered an adult in criminal court. A criminal record will be created if he is charged with a crime. If he had less than an ounce of marijuana, no crime was committed. He can be fined civilly $100.00. Speeding is also a civil infraction, the fine is dictated by the mph over the speed limit. Drug Paraphernalia is a misdemeanor offense punishable with jail up to 2 years and/or a fine of $500 to $5000. If you son was not arrested an attorney may be able to stop criminal process. If he was arrested, he needs an attorney to challenge the case and avoid a conviction. Be advised,a drug case conviction may prevent your son from obtaining federal financial aid in college. Hire an attorney!
    Answer Applies to: Massachusetts
    Replied: 1/27/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    Speeding is typically punished by a fine unless it is excessive. Drug paraphernalia possession is different from possession of drugs. Both are misdemeanors. Possible sentences include Supervision, Conditional Discharge, Probation and jail.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    John P Yetter | John Yetter
    If the search of the vehicle that lead to the charge is legal, and the possession of the item is provable, the charge is a class A misdemeanor. If your son has no history it is likely a good lawyer could keep this of his record. He should consult an attorney to make sure the search was good and the possession is provable.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    He could be arrested and prosecuted. Depending on the circumstaces, he might also lose his CDL to drive.
    Answer Applies to: California
    Replied: 1/27/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    In all probability the prosecutor will wait until your son's 18th birthday and charge him in District Court if he is close to his birthday. Otherwise, he would be cited into juvenile court and probably be offered pre-filing diversion.
    Answer Applies to: Washington
    Replied: 1/27/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    He will go to Juvenile Court in the county wherein you reside.
    Answer Applies to: New Jersey
    Replied: 1/26/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If the amount of marijuana is small, it is only a misdemeanor. If he has no priors, he can probably get probation, fines and community service. An attorney can help your son negotiate the best deal with the prosecutor.
    Answer Applies to: Georgia
    Replied: 1/26/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Was he charged only with speeding and drug paraphernalia possession? What city was he arrested in?
    Answer Applies to: Illinois
    Replied: 6/20/2013
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    He will be charged with a misdemeanor and an infraction. He will hire an attorney to negotiate them away. If he doesn't, the DMV will suspend his license for a year.
    Answer Applies to: California
    Replied: 1/26/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    His case will be handled in Juvenile Court and a Public Defender appointed. You do not have to pay for the services of this P.D.
    Answer Applies to: California
    Replied: 1/26/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    As an individual under the age of 21, your son would be able to request youthful offender status. This assumes, of course, that he hasn't been in legal trouble before and hasn't already requested youthful offender status for that previous charge; youthful offender status can only be used once. Requesting to be treated as a youthful offender essentially seals his record so that the charges will not be detailed when he's seeking employment. Depending upon the severity of the charges and your son's current record, he may be entered into a court deferment program. This also depends upon the particular court that the charge was brought in, and whether that jurisdiction offers a court deferment program. It would be best to speak with a criminal defense attorney regarding the details of your particular case and the available options.
    Answer Applies to: Alabama
    Replied: 1/26/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    He will most likely be charged with a felony for possession and cited for DUI for driving with drugs in his system. You need to hire a lawyer for him.
    Answer Applies to: Arizona
    Replied: 1/26/2012
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    It depends on a whole host of factors. Some including how the drugs were packaged and the weight of the marijuana.
    Answer Applies to: Massachusetts
    Replied: 1/26/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    If this is a question of "if" I would advise him not to speed or possess marihuana and, therefore, would not have to worry about it. If this is a question of what "could' happen to him after this has already occurred, then he should consult an attorney. An attorney could probably negotiate a lessor violation for the speeding charge such as a two-point violation or maybe even a parking ticket. The marijuana charge depends on the quantity he possessed or whether it was open to public view. His sentence (again, assistance from an attorney is advised) could range from a complete dismissal for a small amount to a sentence of many years in prison for a very large amount.
    Answer Applies to: New York
    Replied: 1/26/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Worst case scenario, assuming no priors, he will probably get a resolution short of a conviction.
    Answer Applies to: Washington
    Replied: 1/26/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    He will likely be arrested or ticketed depending on the amount of drugs and his age.
    Answer Applies to: Wyoming
    Replied: 1/26/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Hire an attorney. He is way too young to have that follow him for the rest of his life. You need to get the paraphernalia dismissed or sealed after deferred adjudication. Hire an aggressive drug trial lawyer in your area.
    Answer Applies to: Texas
    Replied: 1/26/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    He could go to juvenile hall on the drugs. In so far as speeding that is just a fine or traffic school.
    Answer Applies to: Nevada
    Replied: 1/26/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, if he is found responsible for the speeding, he will lose his license for 6 months. With regard to the drugs and paraphenelia, it's hard to tell without more information. If he has a clean record, he may be able to get probation or a dismissal. Marijuana under 1 ounce is a civil infraction, which only triggers a fine. If it was more than an ounce, it would be a ciminal charge The paraphernalia itself also may carry drug charges and would be considered in any court resolution.
    Answer Applies to: Massachusetts
    Replied: 1/26/2012
    Orent Law Offices, PLC
    Orent Law Offices, PLC | Craig Orent
    You need to contact an attorney directly to discuss your son's particular circumstances. Asking simple direct questions on this forum is fine, but to discuss the specifics of someone's pending criminal case is not. Be sure to talk with someone.
    Answer Applies to: Arizona
    Replied: 7/17/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Possession of paraphernalia is usually a fine and some sort of drug class, speeding is a fine, unless it is really high speed. If son is accused of DUI-MJ, then it is much worse and he likely needs a lawyer.
    Answer Applies to: Colorado
    Replied: 1/26/2012
Click to View More Answers:
12 3 4 5 6 7 8 9 10 11 Free Legal QuestionsConnect with a local attorney