Marijuana DUI Reduced to Reckless Driving
The Shah Law Firm successfully handled a complex DUI marijuana case involving a client who had 19ng of active THC found in their blood within two hours of driving. The case began when the client was pulled over by a police officer for driving with a shattered windshield. During the initial traffic stop, the officer claimed to detect the smell of alcohol and proceeded to administer a preliminary breath test (PBT). The results of the PBT came back at 0.00, confirming there was no alcohol in the client’s system.
Despite the negative alcohol test, the officer then shifted the focus of the investigation. Claiming to now smell marijuana, the officer pressed forward, conducting an expansive search of the vehicle. The client, in an effort to cooperate, admitted to having smoked marijuana. Based on this admission, the officer conducted a blood test, which ultimately revealed the presence of THC—an active compound in marijuana—in the client’s bloodstream. With this evidence in hand, the officer charged the client with DUI, marking it as a first offense DUI based on marijuana impairment.
However, the case was far from straightforward. The defense team at Shah Law Firm closely examined the circumstances of the arrest and noted that the officer had initially stopped the client for a non-moving violation—a shattered windshield—and there was no indication of poor driving or impairment at the time of the stop. Furthermore, the officer’s investigation quickly transformed into what appeared to be a search expedition, with the officer seemingly intent on finding evidence of impairment despite the lack of obvious signs.
Recognizing these critical details, the Shah Law Firm built a defense centered around the officer’s overreach and the inability of the state to prove actual impairment. The legal strategy was bolstered by a recent Arizona Court of Appeals ruling that reinforced the difficulty of proving impairment solely based on the presence of THC in a driver’s blood. The ruling recognized that the presence of THC in the bloodstream does not automatically equate to impairment, especially since THC can remain in the body for days or even weeks after consumption without causing any effects on one’s ability to drive.
During negotiations with the prosecution, the defense team emphasized the lack of evidence showing that the client’s driving was affected by marijuana at the time of the stop. There were no reports of reckless or erratic driving, and the officer’s search appeared to be an overzealous attempt to uncover wrongdoing where none was readily apparent.
The defense successfully argued that the state could not meet the burden of proof to show impairment beyond a reasonable doubt and was able to have all DUI charges reduced down to a simple reckless driving misdemeanor.
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