Los Angeles Criminal Defense Attorney Ty Martinez gets Alhambra Marijuana DUI Dismissed with help of NHTSA study

06Aug12

Today in Alhambra Court, I was finally able to get someone from the DA’s office to listen and actually hear what I was explaining to them. My client had been arrested for driving under the influence of marijuana. The prosecution knew they had an uphill battle, as there was no bad driving, and non alcohol related DUI offenses are tougher for the DA to prove. This being the result of the DA not having the .08 or above presumption of being under the influence. However, I provided the DA with a copy of the federal study regarding marijuana and driving impairment. The study, while being fascinating on many levels, involves test subjects who ingested up to 300 micrograms of marijuana (100 micrograms per joint = 3 joints per participant). The findings are inconclusive. The folks at NHTSA could not tell whether a person became impaired or not. In fact, although individuals tended to do worse on simulators, people did better on the road! Now they are unable to convert marijuana intake to a .08. However, they speculated that 100 micrograms might be the equivalent of a .04 (but there is no way to tell). Considering my client’s blood was tested in nanograms, and was much lower than 100 micrograms, I was able to educate the District Attorney on how impaired my client actually was. The good news, after calling ready for trial, the DA did the right thing and dismissed the case.

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