Last week, Orange County Sheriff deputies conducted a traffic stop after observing a vehicle driving recklessly by crossing double yellow lines and driving into oncoming lanes, according to Dana Point Police Services.
During the stop, deputies discovered one passenger had two outstanding felony warrants and was on formal probation.
A search of the vehicle revealed heroin, approximately 30 grams of methamphetamine, drug paraphernalia, and a notebook consistent with drug sales.
The driver, front passenger, and rear passenger were all arrested on multiple narcotics-related charges. The rear passenger was also booked for his warrants.
If you are a criminal then be aware that driving recklessly is not the best way to stay under the radar.
Here’s a breakdown of the likely penalties the suspects in the Dana Point traffic stop could face, based on California law:
1. Possession of Heroin and Methamphetamine with Intent to Sell
- Felony charges under Health & Safety Codes §11351 (heroin) and §11378 (methamphetamine).
- Penalties:
- 2 to 4 years in state prison.
- Fines up to $20,000.
- Additional prison time if large quantities are involved:
- +3 years for over 1 kg.
- +5 years for over 4 kg.
- Up to +25 years for over 80 kg.
- Additional fines ranging from $1 million to $8 million depending on drug quantity.
2. Possession of Drug Paraphernalia
- Typically a misdemeanor under HS §11364.
- Penalties:
- Up to 1 year in county jail.
- Fines up to $1,000.
3. Probation Violation with Outstanding Felony Warrants
- Formal probation violation under Penal Code §1203.2.
- Penalties:
- Immediate arrest without warrant.
- Probation revocation hearing.
- If probation is revoked:
- Serve original sentence (jail or prison).
- No bail if sentenced to incarceration.
- Judges may impose harsher probation terms instead of revocation.
4. Reckless Driving
- Misdemeanor under Vehicle Code §23103.
- Penalties:
- 5 to 90 days in county jail.
- Fines between $145 and $1,000.
- 2 points on driver’s license.
- Possible license suspension up to 6 months.
- If injuries occurred, penalties increase:
- 30 days to 6 months in jail.
- Fines up to $1,000.
- If serious injuries: felony charges, with 16 months to 3 years in prison.
Summary
All three suspects face serious felony charges for drug possession with intent to sell. The rear passenger, with outstanding warrants and probation violations, could be sent directly to prison. The reckless driving adds misdemeanor charges but also escalates the visibility of the crime, which led to their arrest.