If I’m a cannabis cardholder and have been charged with public intoxication while sitting in my car, what should I plead?

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If I’m a cannabis cardholder and have been charged with public intoxication while sitting in my car, what should I plead?

I’m a medical marijuana patient with a valid cannabis card. I recently was caught in my car with weed smoke but no marijuana or paraphernalia. I had finished smoking about 5 minutes before the officer arrived but forgot to roll down my windows. The officer said he would be nice and give me public intoxication instead of a DUI. Should I plead not guilty because I’m a patient? Will the officer not include that I was in my vehicle since he charged me with public intoxication instead of DUI?

Asked on April 23, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Before you make any plea at your arraignment for the public intoxication charge that you have, you should consult with a criminal defense attormey to assist you in defending the charge.

The issue is whether or not you were intoxicated in public. I suspect that there will be some police report concerning the charge that is against you. You should get a copy of it and consult with a criminal defense attorney as to what it says if you are in your car or not. Gut feeling is that you should plead not guilty at your arraignment. Having a medical marijuana card is a big help as to your matter.


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