In defending a marijuana DUI case, the skill and legal talent of an experienced attorney cannot be overestimated. The selection of an attorney can play a decisive role in a subsequent conviction or acquittal of the DUI charge. With their attention to detail and their consummate knowledge of the California Vehicle Code, the skilled lawyers at The Law Offices of Bryan R. Kazarian will use every tactic to mount a formidable defense on your behalf.
They will do so by probing and finding weaknesses in the evidence that the prosecution presents against you. First, they will challenge the results of the chemical tests that were administered to you. These tests are imperfect and can be unreliable as they may show high THC levels for up to 12 hours after an individual uses marijuana, long after the impairing effects of the drug have disappeared.
Second, they may challenge the traffic stop by showing that there was no reasonable suspicion that criminal activity was afoot for it to have occurred, as there was nothing in your driving, manner of speaking, and physical appearance to justify the stop.
Third, they can defend the charge against you by producing convincing evidence that you were not impaired at the time that you were stopped.
Finally, they may challenge the arrest by eliciting evidence at a suppression motion hearing through cross-examination that the arresting officer either did not follow proper procedures in making the arrest, lacked probable cause for the arrest or had received inadequate and incomplete training to perform his or her job.
A skillful DUI attorney will employ these and other defenses that can be raised on your behalf.
A skillful DUI attorney will not only know the correct defenses to raise on your behalf but will also know the elements that the prosecution must present to prove their case. A knowledgeable attorney will highlight any elements of the offense that the prosecution has failed to prove.
Marijuana DUI cases differ from alcohol DUI cases in one important respect. In alcohol DUI cases, the prosecution can prove impairment by showing that the blood alcohol concentration in your bloodstream exceeded a reading of 0.08 on the testing device. In contrast, there is no standard or set amount of marijuana in your bloodstream to establish and prove that you were driving while impaired by the use of Marijuana. Instead, section 23152 of the California Vehicle Code allows the prosecution to establish impairment by presenting subjective evidence related to the manner in which you had been driving prior to the traffic stop, your physical appearance and behavior after you have been stopped, and the manner of your speech in addressing the police officer who stopped you.
In addition to such evidence witnessed at the time of the traffic stop, the prosecution can also meet its burden of proof by showing convincing evidence obtained from the results of your chemical test, and also from the observations of a drug recognition expert who was present at the time of the traffic stop.