Can a witness be impeached for simple possession of a drug?

California, United States of America


The following excerpt is from People v. Bates, B248961, B252513 (Cal. App. 2014):

The trial court was not persuaded by counsel's explanation and found the evidence relevant for impeachment purposes and because the convictions were not for crimes of moral turpitude, they were excluded. The trial court acted within its broad discretion to exclude such impeachment. Unlike possession of narcotics with intent to sell, simple possession is not a crime of moral turpitude and thus has little bearing on the veracity of the witness. (People v. Contreras (2013) 58 Cal.4th 123, 157, fn. 24.)

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