LAPD, Metro Court, Court Date Dec 29th. I only had a half of a gram of marijuana on me/in the car. I wasn't belligerant at all, and performed a FST perfectly.
No definitely not.
Marijuana DUIs are a lot tougher to prosecute than alcohol cases.
That being said the prosecutor will still move forward with the case.
Hire a good local criminal defense attorney to fight the case, and give him a copy of your marijuana license.
No. Many people mistakenly believe that having a MJ card will get a DUI dismissed. This is not true.
Having a card allows you to possess for personal use and to actually use. It DOES NOT give you the right to drive a vehicle while under the influence. Two different things. You didn't get a DUI because you had Marijuana. You got it because the officer thought you were under the influence, and as a result, so impaired that you couldn't operate a vehicle safely.
If you want to fight it, get a lawyer. Simply showing up with your card won't do anything for you.
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That's not a defense to a DUI/ drugs. But your attorney should talk to you about a blood split. Speak to an experienced attorney at once........... David Wallin.
You may have a right to possess mj but a DA will argue that you cannot be impaired by MJ and drive a vehicle. The legal issue will concern whether or not the amount of active thc in your blood (if any) impaired your ability to drive. This means looking at the levels of thc and metabolites in your blood as well as looking at your driving and performance on FSTs. An experienced DUI attorney can help you with this.
Legally possessing marijuana and driving under the influence are two different things. Contact a criminal defense attorney, or take advantage of appointed counsel at your first court appearance who can review the discovery to see what the officer stated as signs of your impairment.
An attorney can also review the facts to see if probable cause existed for the stop. Your medical marijuana card will not help you if there is evidence that you were impaired. It should however, prevent a possession charge.
Having a medicinal marijuana card, in of itself, will not be sufficient to dismiss a case. Although, I can speak with experience that it will certainly boost your argument that you were not "intoxicated." The jury instructions require "impairment," which means that you can only be convicted if the prosecution can prove beyond a reasonable doubt that the marijuana impaired your ability to drive. Certain factors, including whether you were driving erratically, can also go to this issue. I advise contacting a criminal defense attorney. Good luck to you.
Having a license to smoke is different from having the right to drive impaired, so you can still get a DUI from pot. That said, when I was a prosecutor at Metro Court I can tell you that proving a DUI when Marijuana is the only drug in the system is very hard to prove. Getting it dismissed will take some work from a skilled lawyer who knows DUI very well. Many of us on AVVO offer free consults. Call around.
Locate an experienced criminal defense lawyer in your area, who specializes their practice in DUI DEFENSE, make an appointment, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation. Each case is different. Get advice on your specific case and scenario. Most on AVVO offer free consultations. Best of luck to you.
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It's legal for me to drink... but if I drive drunk, I can get arrested for a DUI.
Same applies to marijuana. Hire an attorney to fight it. Metro is a great court.
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