California Marijuana Laws – Under the influence, defined
Everyone knows that driving under the influence of alcohol is prohibited in every state. What everyone doesn’t know – or at least, doesn’t realize – is that driving under the influence of marijuana is also illegal. Both types of criminal investigations are conducted in much the same way and both are prosecuted in much the same way. Similarly, the penalties for driving under the influence of marijuana are the same as for driving under the influence of alcohol, which can be quite severe, even for a misdemeanor first offense. This is simply one of the reasons why an individual accused of this offense must immediately contact a skilled, California DUI attorney who specializes in drug offenses and who can begin building a vigorous defense.
In order to convict an individual for driving under the influence of marijuana (also known as driving under the influence of drugs – DUID – “drugging and driving” and “drugged driving”), the prosecutor must prove that, as a result of the drug, the driver’s nervous system, brain or muscles were impaired (to an appreciable degree) in that he or she no longer had the ability to drive a car in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties and using reasonable care, would have under similar circumstances.
To determine whether a suspected driver is under the influence of marijuana, an officer will look for certain signs, which include the manner in which he or she drove, any physical signs or symptoms of impairment and his or her performance on the field sobriety tests (FSTs). The prosecution will rely on the officer’s testimony describing these conditions when he or she presents the case to the jury and will additionally use the results of the accused driver’s blood or urine test to show that there was marijuana in the defendant’s body at the time of the driving (assuming the test confirmed that suspicion).
An individual who is under marijuana’s influence may display certain characteristics that the arresting officer will focus on, even if they could be explained by factors that are unrelated to drug use. For example, during the first couple hours of intoxication, one might have a limited attention span, have unsteady lane control, an inconsistent following distance and a slower reaction time. Physical symptoms may include an increased heart rate, dryness of the mouth and red eyes. However, any of these conditions could be related to stress, fatigue or illness, which are just a few of the arguments that a good defense attorney would make to discredit the arresting officer.
Experienced criminal attorneys usually hire a criminalist to testify that marijuana’s effects on driving are relatively small and significantly less than that of alcohol. He or she will therefore attempt to discredit an officer who testifies that the effects of the marijuana were so pronounced that the driver was clearly under its influence. The criminalist will further point out the fact that the presence of marijuana in one’s system doesn’t necessarily indicate recent use, because marijuana lingers in the body long after its affects wear off. As a result, he or she will argue that this is one of the problems with chemical testing in a D.U.I.D. case, as positive results don’t indicate anything other than the fact that the driver used the drug at some point in time.
The key to beating this charge lies in the hands of a criminal attorney who truly understands all of the intricacies involved in this type of case – the issues that a DUI presents and the issues that marijuana use presents. The outstanding attorneys at The Kavinoky Law Firm will provide the most comprehensive defense possible, as they receive ongoing training and education with respect to California’s D.U.I. laws and marijuana. They maintain an excellent reputation for success and pride themselves on exceeding client expectations. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.
