Asked in Criminal Law and Traffic Tickets for Texas

Q: Misdemeanor or not?

Pulled over for speeding. Smelled like marijuana, due to someone else who used my car and had previously smoked. Went through the whole process. Officer found a pipe and a lighter with older weed in it. At that moment, although I wanted to blame this person, I knew I was at fault due to it ultimately being in my possession. Officer, I think, understood the issue. No arrest, but was given a citation for speeding, and this is where my question kicks in.

He didn't give me a citation for the paraphernalia, but he did give me a "property inventory" ticket/receipt. There isn't any violation notices nor court dates. I'm just unsure what I received and how it will look on my record. Is this something that will come back to me in the future? Do I have to pay a fine? Very confused.

Related Topics:
1 Lawyer Answer
Paul Saputo Jr.
Paul Saputo Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The property inventory is just a receipt indicating that your property was seized. You could theoretically try to get it back. It would, indeed, be highly amusing to walk into the police station and demand the marijuana pipe back with the unused weed. But that doesn't sound like a good idea, does it?

The speeding ticket is a Class C misdemeanor in Texas. You don't have to plead guilty to speeding, so don't do that. Hire an attorney to take care of the ticket.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.