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Press Release: People v. Kirk, Brian, 12/10/10

December 10, 2010

Bradford R. Fenocchio

District Attorney



10810 Justice Center Drive, Suite 240

Roseville, California 95678

916 543-8000




For Immediate Release

Date: December 10, 2010                        



                        Art Campos

                        Public Information Officer

                        916 543-8076

                        Scott Owens

                        District Attorney-Elect

                        916 543-8000





A 51-year-old Rocklin man was sentenced Thursday to six months in the Placer County jail and placed on probation for three years for an incident last month in which he was driving with more than four pounds of marijuana in his pickup truck.

Brian Kirk was handed the sentence by Superior Court Judge Colleen Nichols after pleading guilty to a felony charge of illegally transporting marijuana and admitting to a special allegation of having been convicted of a prior felony.

Kirk, who is permitted by state law to use marijuana for medical reasons, was told by Nichols that he can continue to use marijuana for that purpose, but she banned him from driving while under its influence or while under the influence of any other controlled substances.

The defendant was stopped by Rocklin police on the night of Nov. 7 for a traffic violation on Pacific Street and Anthony Court.

Police issued him a citation for having a suspended driver’s license and they instructed him not to drive the vehicle, which was to be left parked on the side of the road.

Suspecting that Kirk would make an attempt to drive the truck again, police monitored the vehicle from a distance. A short time later, Kirk got into the truck and tried to drive away, police said.

Police then stopped the truck again and arrested Kirk for driving without a license. A search of the vehicle yielded a suitcase and glass jars full of marijuana. They measured the weight of the marijuana at more than four pounds.