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If you get charged with possession of nitrous oxide for purpose of inhaling or breathing can I go to jail for that?
Anonymous4 views7 answers
A friend got pulled over with a nitrous oxide tank in the back seat with balloons. I was just in the car but we both received a ticket for possession of nitrous oxide for purpose of inhaling or breathing. What conciquences am I facing? I don't wana face jail or get probation. I wouldn't mind a fine and drugs classes. Help please
Penal Code section 381(b) is the code section on nitrous oxide, or "laughing gas." There is a six month county jail maximum penalty. If you do not go to county jail, there is most likely a form of probation you would be afforded and possibly classes. I do not believe it is on the list of narcotics eligible for Prop 36 or PC 1000, but the prosecutor may be willing to negotiate a form of informal diversion.
You would be best off in getting a criminal defense attorney. If you had balloons with the nitrous oxide tank, how can the officer prove that you were inhaling unless he saw you do it? You might have a defensible case.
You will each need separate attorneys. You're in luck in that PC 381 is a PC 1000 eligible offense. First time drug offenders are often eligible for a "drug diversion" whereby you'll be placed on a short period of probation and ordered to complete drug classes and counseling. This would help you avoid a conviction, but is not a guarantee. Your prosecutor will likely have not dealt with this kind of case frequently. It would be extremely helpful to hire an attorney.
Anthony Michael SolisCriminal Defense AttorneyLos Angeles, CA ·
You really should get an attorney in the LA area. What your consequences are will depend on a lot of factors, such as your criminal history, the attorney you choose and the specific facts of your case, including any comments or statements you or the driver may have made. Start contacting some attorneys immediately. Many on this site give free consulatations.
Just because you were in the car as a passenger does not automatically mean you are guilty of any crime. The prosecutor must have evidence that you knew the contraband was in the car and you knew what it was. Sometimes the DA will drop charges if a passenger was arrested simply for being present. You may have a strong defense so I highly recommend you hire am attorney.
While it is possible that you go to jail for this charge, there are defenses available to you to beat the charge as well as (potentially) diversion programs that would allow you to avoid jail time altogether.
