Will a marijuana posession ticket change my insurance and can a diversion program prevent it from affecting my record? 7 Answers as of December 15, 2010

I want to start by saying I am a good student, a senior in high school, I am 18 and I have a great future ahead of me. I was pulled over last week and the officer asked if I had any substances in the car and I admitted to having pot. He gave me a possession ticket, code vc23222b, for a little pot. It is a misdemeanor.

The thing is, I can not tell my dad. My family is well off and my brothers can afford to retain an attorney on my behalf. But I am wondering, will it change my insurance? Think I can get a diversion program to avoid it on my record? And, think I can keep it hidden from my dad? I know that the situation is sticky and that the DMV could even suspend my license. Thank you.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Possession of marijuana in a vehicle is of course a driving related offense but it does not go to the safety of the operation of the vehicle so it does not carry a "point" on your driving record and thus it is unlikely it would affect your rates. That being said you should avoid a misdemeanor conviction in any event if possible. Diversion and successful completion thereof
would lead to a dismissal. By putting the case over to next year it would also only be an infraction if you do plead guilty. If the officer searched the car illegally the whole matter could be dismissed but that would surely require the help of an attorney.
Answer Applies to: California
Replied: 12/15/2010
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I do not always say this, but you need an attorney. You need to have it pled down to an infraction. If you don't, not only will you get the misdemeanor conviction but your license will be suspended for a year - and then your dad will definitely find out! Also, an infraction will not affect your insurance and you will not have to bother with diversion.
Answer Applies to: California
Replied: 11/19/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I recently heard that as of Jan 1, 2011, a VC 23222 will be an infraction (which does not go on your record) along with a $100 fine. However, insurance companies will most likely be able to find it. It will not handicap you with prospective employers.

If you need a lawyer and it is in the Bay Area I can help you otherwise I can steer you to excellent criminal defense lawyers all over the state.
Answer Applies to: California
Replied: 11/19/2010
Law Office of William R Fuhrman
Law Office of William R Fuhrman | William R Fuhrman
Satisfactory completion of the diversion program for a marijuana infraction will not affect your insurance or record.
Answer Applies to: California
Replied: 11/18/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Records are forever. Your arrest is part of that. If convicted of any crime, that too will be part. Even conviction of mere possession should not affect your auto insurance, only if you were charged with driving under the influence - DUI.

If handled effectively, your attorney may be able to get you a deal with diversion that will not result in a conviction. If you are serious about doing this, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 11/18/2010
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