The Importance of a Lawyer Who Knows About Marijuana
DUI Drugs reduced to simple (non-impaired) Reckless Driving. $500 fine and costs. No probation or other alcohol sanction.
This case came to us about a month ago, when the client sought a second opinion after his first lawyer didn't give him much hope. He had been stopped following a fender bender in a parking lot. Given a breath test, he blew .000, but a urine test revealed a marijuana metabolite in his system.
His first lawyer was quite concerned about the marijuana metabolite. We recognized that it actually proved that the client was sober. It was a non-impairing by-product of marijuana, and without the active ingredient, the test proved that our client wasn't impaired by any drug or alcohol. In other words, the State's own test showed that the client was not guilty of impaired driving. We discuss this more fully here.
This is a perfect example of a case where engaging a DUI specialist made a big difference. Once our office pointed out the problems with the case, the prosecutor, who was insisting on a DUI conviction, changed her mind and reduced the charge.
In a perfect world, we would have fought the case and probably would have won it outright, but other considerations in the client's life made it prudent to resolve the case with a negotiated plea. Nonetheless, it was a satisfying victory that could not have been won without a knowledge of biochemistry.
Practice area(s): DUI / DWI