Driving While High Charge Dismissed | Shyler Engel, PLLC

April 22, 20170
A Shyler Engel, PLLC client was leaving a bar after playing golf with friends. Our client maintained that he only had a single beer at the bar. He and his friend started driving home when an officer pulled them over for crossing a double yellow line. The officer asked routine questions, but eventually asked whether our client had been smoking marijuana. Our client admitted to using marijuana on the golf course, but that was nearly 5-6 hours ago. The officer immediately placed our client under arrest after a few quick roadside sobriety tests, charged with Operating while under the Influence of a Schedule 1 Controlled Substance: Marijuana. We attained copies of the blood results, police reports, motor vehicle dashcam recording, and our client’s medical records. While our client was not an active medical patient, he had been certified by a physician for the medical use of marijuana.  We informed the prosecution that People v Koon requires the government prove actual impairment, and that Section 8 of the MMMA can be raised in defense of  any charge involving marijuana. We also noticed that the reason for the stop seemed tenuous after reviewing the dashcam video. Motions in hand, we were able to negotiate a deal to a simple careless driving, a civil infraction. He paid a fine at the counter and left.

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