Driving under the influence of marijuana
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Driving under the influence (D.U.I.) is a commonly prosecuted,
very publicized crime in California. Due to its exposure, most people
think of a DUI as being alcohol specific (“drunk driving”),
when, in fact, driving under the influence of any substance (legal
or not) can lead to an arrest and conviction. This is one of the
reasons why it is so important for an individual who has been arrested
for driving under the influence of marijuana
to contact a skilled California
criminal defense lawyer who specializes in driving under the
influence of drug (D.U.I.D.) cases.
California’s prohibits driving while under the influence.
An individual will be declared “under
the influence” of a drug when his or her nervous system,
brain or muscles have been affected by a substance (other than alcohol)
to the point where the individual is impaired, to an appreciable
degree, and no longer has the ability to drive a car in the manner
than an ordinarily prudent and cautious person, in full possession
of his or her faculties, using reasonable care, would under similar
circumstances. Because there is no immediate test available to confirm
an officer’s suspicion that the driver is under the influence
in a drug case (like the hand-held preliminary alcohol screening
device that is used in a DUI investigation that involves alcohol),
the officer’s subjective opinion is the primary evidence that
the District Attorney or the City Attorney relies on when prosecuting
this type of case.
When an individual is arrested on a DUID charge in California,
the investigation
will proceed in much the same way that an alcohol-related DUI would,
except that the driver has a choice of different tests – blood
or urine. Unlike other states, the mere presence of marijuana
in one’s system isn’t enough to sustain a conviction,
as the driver must have been under its influence. This means that
even if a test reveals that the accused had marijuana
in his or her body, a good criminal
attorney who excels in this area of practice knows how to convince
a jury that its effects had expired prior to driving.
In order to determine whether the driver was under
the influence of marijuana, the prosecution will look at four
types of evidence – the defendant’s driving
pattern, his or her physical
signs and symptoms of impairment, his or her performance on
the field sobriety tests
(FSTs) and the chemical test
results. It is also common for both sides to hire their own criminalist
to testify about the effects that marijuana has on one’s ability
to drive a car. An experienced DUID lawyer knows the most effective
ways to challenge this type of evidence, and will call into question
the officer’s experience and bias as well as the results of
the blood or urine test.
Being arrested for driving under the influence of marijuana can
be a frightening and overwhelming experience, which is why having
a knowledgeable attorney by one’s side can make all the difference.
A seasoned lawyer will help guide his or her client through all
proceedings with skill, compassion and ease.
The outstanding attorneys at
The Kavinoky Law Firm maintain an excellent reputation for successfully
defending their clients who have been accused of driving while under
the influence of marijuana.
They have mastered the defenses
that are applicable to this offense and know how to help their clients
avoid the harsh penalties that are
imposed in connection with this charge. Because they focus on marijuana-related
offenses, they have established relationships with many of the local
prosecutors who also routinely handle these types of cases, which
provides their clients with a tremendous advantage when it comes
time to negotiate a deal, discuss the merits and weakness of a case
or request any other special consideration. With law offices throughout
California, including several in and around the Los Angeles area,
they are conveniently located for anyone in need of an exceptional
D.U.I.D. attorney. For the most trusted legal advice and unparalleled
representation, contact The Kavinoky Law Firm today for a free
consultation.
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