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Love v. State

Case Conclusion Date: 01.01.1999

Practice Area: DUI and DWI

Outcome: conviction reversed

Description: This driver was speeding in order to get home before curfew. The prosecution could not prove when the driver ingested marijuana, or whether his test resulted from second-hand smoke. The jury acquitted this driver of being a "less-safe" driver, but convicted because at the time, Georgia law prohibited driving while ANY AMOUNT of a drug is present in the driver's system. WE SUCCESSFULLY CHALLENGED GEORGIA'S DUI LAW REGARDING DRIVING WITH "ANY AMOUNT OF A CONTROLLED SUBSTANCE OR MARIJUANA" IN BLOOD OR URINE, ON GROUNDS THAT STATE'S DISTINCTION BETWEEN LEGAL AND ILLEGAL USERS OF MARIJUANA DID NOT RELATE TO LEGISLATURE'S PURPOSE AND VIOLATED EQUAL PROTECTION

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