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.

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1 Lawyer Answer
Paul Saputo Jr.
Paul Saputo Jr.
  • 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.

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