Beat a Marijuana DUI Charge: What You Need to Know
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When it comes to marijuana use and driving,the law is not always crystal clear. In states where recreational marijuana is legal,it`s still possible to get a DUI for driving under the influence. To make matters worse,it`s proven to be incredibly difficult to “beat” the charge. Without a thorough understanding of the law,your best strategy,and a high-quality legal team on your side,a DUI can have long-reaching negative consequences.
If you find yourself facing such a charge,the important thing is not to panic. While the process may seem daunting,there are steps you can take to improve the outcome of your case and put yourself in the best possible situation. In this blog,we`ll cover the various regulations around marijuana DUIs and provide proven techniques for beating them. With a better understanding of your rights,you`ll understand exactly what to do if you are ever stopped for suspicion of driving under the influence of marijuana. Read on to learn more!
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Quick Summary
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It may be possible to challenge the legality of the initial stop or the subsequent search,both of which may be necessary for a valid conviction. Additionally,it may be possible to raise procedural arguments or question the accuracy of the breathalyzer results.
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What Constitutes a Marijuana DUI Charge?
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Marijuana DUI charges have become increasingly common across the United States. It is important to understand what constitutes a marijuana DUI charge in order to prepare and know how to beat it.
A basic explanation presented by most states is that a driver has been charged with a marijuana DUI when there is evidence of impairment caused by marijuana or cannabis present in their system while operating a motor vehicle. However,this varies from state to state and can sometimes be used as an alternative charge if DUI of other drugs is impossible to prove.
There are two sides to the argument when it comes to establishing drug impairment through testing. On one hand,police officers can use field sobriety tests such as the walk and turn,standing on one leg and eye-tracking. These give law enforcement a good indication about whether the driver is impaired by any substances. While these tests may be subjective,they are still the standard for determining driver impairment in many cases.
On the other side of the argument,scientific testing such as urine or blood tests can provide more accurate evidence that marijuana or cannabis was involved in causing impairment while driving. Unfortunately,marijuana breaks down quickly in the body and doesn`t always show up in blood tests taken too long after ingestion. Also,due to federal regulations,samples must be sent offsite for specialized testing and results often take weeks or months before they are provided back to law enforcement or criminal courts.
Understanding what can qualified as evidence in marijuana-impaired driving cases can help individuals best prepare their defense if they happen to face this type of criminal charge. To further understand the types of evidence used in a marijuana DUI case,let’s move on to discuss “Types of Evidence in a Marijuana DUI”.
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Essential Highlights
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Marijuana DUI charges are becoming more common across the US and can involve evidence of impairment caused by marijuana or cannabis present in someone`s system while operating a motor vehicle. Field sobriety tests such as the walk and turn and eye-tracking are used to determine driver impairment,but more accurate scientific testing such as urine or blood tests need to be sent offsite for specialized testing which may take weeks or months before results are provided. Understanding types of evidence can help individuals prepare their defense if charged with a marijuana DUI..
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Types of Evidence in a Marijuana DUI
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When facing a Marijuana DUI charge,it is important to understand the types of evidence commonly used to determine if a driver is impaired by marijuana. Generally,such cases rely on biological evidence derived from urine,blood and saliva samples or other indicia of marijuana in the body,as well as behavioral evidence based on an officer’s observations.
Biological evidence is typically rooted in a driver having THC present in their system,which indicates that marijuana has recently been consumed. This type of evidence typically comes from chemical tests like blood tests,urine tests and hair follicle tests. Depending upon the state’s legal standard for impairment (generally 5 nanograms per milliliter or higher),this type of evidence can be used to demonstrate that the driver was impaired by marijuana.
On the other hand,there is debate over whether the amount of THC necessary to cause impairment is accurately measured using such qualitative testing methods. Critics argue that the test measures established by many states establishes thresholds that are artificially high and catch some drivers who are not actually impaired but merely have THC in their system after recent use.
Behavioral evidence used in a Marijuana DUI often comes from police officers’ observations of the driver’s behavior after they have pulled them over. This includes field sobriety tests to assess balance and coordination,as well as measures like drug recognition reports conducted by a trained Drug Recognition Evaluator (DRE). The data collected from these observations are generally subjective and depend upon how experienced an individual officer is in determining impairment from marijuana intoxication versus other substances.
Given these two competing types of evidence,it can be difficult for Tampa DUI defense lawyer to successfully challenge impairment charges for driving under the influence of narcotics. While both biological and behavioral evidence can play a role in establishing impairment,the effectiveness and accuracy of these forms of evidences remain debatable in many courts.
As such,it is important to examine closely all available types of evidence when facing a Marijuana DUI charge and take whatever measures are necessary to ensure fair process rights have been respected on both sides. Moving forward with this understanding let us now turn our attention to “Field Sobriety Tests,” which are also commonly employed in such cases as part of evaluating a person`s suspected level of impairment.
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Field Sobriety Tests
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When determining whether or not a driver is impaired due to marijuana,an officer may use field sobriety tests (FSTs). These tests are designed to test the individual’s physical reflexes and mental acuity,with the assumption being that if they are struggling with either of these,they are inebriated. FSTs usually consist of three different types of tests: horizontal gaze nystagmus (HGN) test,walk-and-turn test,and the one-leg-stand test.
One argument in favor of using FSTs is that they give police officers an instant indication of whether or not a driver is credible. If an FST reveals that the driver has impaired responses or appears to be stoned,then it makes sense for the police to have further testing done. On the other hand,if the driver passes the tests then an officer may choose to let them off without any further action – although this often isn`t the case since officers are encouraged to use their discretion. Furthermore,in some cases where an individual passes but the officer still suspects intoxication,more sophisticated tests can be used such as a blood draw or urine sample.
The biggest argument against using FSTs is that they can be subjective and open to interpretation. For example,if a person has bad balance or poor coordination due to a medical condition,this may affect their performance on the tests even if they are sober. Additionally,there have been studies that question how well FSTs actually detect intoxication in general; research has found that these tests are only 65% accurate at detecting cannabis impairment while other drug tests (such as blood and urine samples) can reach 90% accuracy rate or higher according to experts.
Overall,while many police officers find FSTs helpful in assessing whether someone is under the influence of marijuana or not,it`s important for people to understand their rights and limitations when it comes to taking a field sobriety test. Further testing is always recommended in cases where suspicion remains high regardless of passing scores on FSTs. With that said,it`s time to turn our attention to chemical tests – one of the primary methods for detecting marijuana impairment in drivers today.
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- According to a study by the Journal of Studies on Alcohol and Drugs,approximately 75% of all marijuana DUI charges prosecuted in the U.S. from 2001 to 2010 led to convictions.
- A 2019 study published in the journal Psychopharmacology found that higher doses of cannabis were associated with an increased risk for being involved in motor vehicle accidents.
- According to a 2018 survey by the National Highway Traffic Safety Administration,25% of drivers tested positive for THC,the active ingredient in marijuana,during roadside sobriety tests.
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Chemical Tests
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When a driver is suspected of driving under the influence of marijuana,law enforcement officers will typically administer chemical tests. These tests,commonly referred to as breathalyzer tests,assess a driver’s sobriety by measuring their blood alcohol content (BAC). However,these tests are not effective for determining an individual’s level of intoxication from cannabis. That`s because THC and other cannabinoids can be detected in the bloodstream long after a person’s high has faded,so breathalyzer results are often inaccurate.
There are other types of chemical tests used for detecting marijuana consumption,including urine tests and saliva tests. Urine tests have been found to produce reliable results for short-term marijuana consumption,but can be unreliable for chronic smokers or those with preexisting medical conditions. Saliva tests are typically more reliable than urine tests since they measure current levels of impairment more accurately.
These chemical tests remain highly controversial among some members of the legal community due to their potential inaccuracy,especially in cases where an individual is facing a marijuana-related DUI charge. While proponents argue that these tests provide important evidence to support a prosecutors case,opponents claim that such results can easily be challenged and should not be treated as indisputable evidence of guilt.
Given this controversy surrounding chemical testing,it is critical for individuals facing a marijuana DUI charge to understand the procedures and protocols that must be followed when collecting and testing evidence. Moreover,anyone charged with a DUI should speak with a qualified attorney who can assist them in assessing the reliability of any chemical test performed during the investigation. With this in mind,the following section provides an overview of some common defenses against a marijuana DUI charge.
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Defenses Against a Marijuana DUI Charge
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When faced with a marijuana DUI charge,there are several possible defenses that a person can employ. Depending on the situation,a person may be able to challenge the evidence presented by prosecutors and potentially have the case dismissed.
One common defense is to argue that the blood or urine sample used to test for THC was collected improperly. This includes challenging whether it was taken within the two-hour window required for accurate testing of active THC levels (i.e.,those which were in one’s system due to recent cannabis usage). Additionally,any tampering with the sample needs to be addressed and challenged if found. Furthermore,it must be determined if the field sobriety tests conducted were conducted properly and accurately administered as well.
In some cases,a person can also present evidence of their own abilities at the time of their arrest to demonstrate they were not impaired by their cannabis usage. For example,they may provide testimony regarding their behavior while driving or other factors such as tire marks and locations of vehicles involved in any accidents that may have occurred. This type of evidence could help prove that an individual was not impaired and did not violate any laws related to driving while under the influence of drugs or alcohol.
Another line of defense involves challenging the validity of a drug recognition expert (DRE) evaluation. Drug recognition experts are police officers who have been trained and certified to recognize drug impairment or intoxication based on physical test results and other indicators. There is some debate about whether DRE evaluations are scientifically valid and reliable,so this line of questioning should be pursued if necessary.
Finally,many states allow for an affirmative defense in certain circumstances when marijuana usage could be considered medically necessary or recommended by a physician; proof and documentation should be provided if this type of argument can be made effectively.
The available defenses against a marijuana DUI charge are numerous depending on one`s specific situation,however there can be significant risks associated with each option as well. There may also be specific restrictions set forth by various state laws; therefore an attorney should always be consulted before proceeding forward with any defense strategy.
With the potential options examined,we now turn our focus toward potential challenges to the arrest itself,which will constitute the next section of this article.
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Challenges to the Arrest
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Challenging a marijuana DUI arrest can be difficult and requires an extensive understanding of the legal system. In a study done by the National Highway Transportation Safety Administration (NHTSA),it was concluded that cannabis use impairs driving performance,however,the effects vary depending on the individual. In most cases,marijuana DUI arrests are based on officer discretion and field sobriety tests administered to assess if the driver is impaired.
Those charged with a marijuana DUI have various ways to challenge the validity of their arrest based on the circumstances surrounding it. If the arresting officer did not follow proper protocol,like failing to read the Miranda Rights or observing the required 20-minute waiting period prior to testing blood alcohol levels,then this could be grounds to dispute their arrest. Additionally,if an arresting officer’s evaluation of sobriety tests was inaccurate or subjective,it could be argued that their case is invalid. Prosecutors must prove beyond a reasonable doubt that an individual is guilty and any evidence leading up to that should not be taken lightly in court.
Despite these defenses based on third-party evidence,those charged may seek other ways to contest their marijuana DUI charge by examining their medical history. Some medical conditions and prescriptions can produce physical and cognitive effects similar to those associated with marijuana use,potentially influencing an arresting officer’s interpretation of field tests. When presented in court,this evidence could render a defendant’s charge less severe than what original seemed likely or cause for dismissal altogether. Furthermore,it is important to note that any witnesses present at the scene of your DUI stop could also support your case by providing evidence of your clear state of mind while operating your vehicle.
Ultimately,every marijuana DUI arrest is judged individually due to its complexity and often times challenging prosecution standards specific to each jurisdiction. With sufficient preparation and sound defense strategy,those accused of a marijuana DUI charge may have a greater chance of success at trial. Though challenging an arrest can yield positive results for all parties involved,the upcoming section will examine how those charged may attempt to dispute the evidence presented against them in court.
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Disputing the Evidence
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It is possible to dispute the evidence in a marijuana DUI case. The key is to understand the evidence available and what lines of defense might be available. There are three main pieces of evidence against an individual charged with a marijuana DUI: presence of marijuana in the system,driving behavior,and field sobriety tests.
The first line of defense is challenging the amount or concentration of marijuana or its metabolites in the system at the time of arrest. A medical expert can challenge whether the level detected was sufficient to cause impairment,as well as how long any such levels may have existed in the driving`s body prior to administration of a test. It might also be important to investigate when the test was administered in relation to when the person got behind the wheel and began actively driving. If a significant amount of time had passed between those two activities,then it could be argued that any proof of impairment does not necessarily reflect what was present at the time of operation.
The second area for dispute is related to driving behaviors. For example,if there are discrepancies between what was observed by law enforcement and what was actually happening on the roadway,these can be used as a form of reasonable doubt. Similarly,police reports may contain oversights that experienced legal counsel could use to defend against an accusation of a marijuana DUI charge.
Lastly,it can be disputed whether field sobriety tests were correctly performed and interpreted correctly by law enforcement officers providing these tests. This requires deep knowledge about acceptable practices for such tests and experience in evaluating these types of assessments during cross-examination.
No matter which line of defense is employed for disputing evidence,it’s important for an individual charged with a marijuana DUI to understand their rights throughout this process and also remain polite and respectful to law enforcement officials when interacting with them after being pulled over or arrested. Building a strong defense means understanding what evidence exists and being prepared to effectively dispute it- something that is best done alongside experienced legal support. Now let’s turn our attention to how you can find a lawyer experienced in beating DUI charges.
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How to Find a Lawyer Experienced in Beat DUI Charges
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Finding a lawyer experienced in beating drug DUIs can seem like a daunting task,but it is important to make sure that your lawyer has the necessary knowledge and experience to defend you successfully. To find the right lawyer for your needs,here are a few tips:
First,ask for referrals from family,friends,and colleagues who may have had similar legal problems. Speak with each of the individuals you were referred to and get a feel for how they handle cases. Ask about their success rate,research any publicly available review sites,and read up on their backgrounds to determine if they are suitable for handling your specific case.
Secondly,consider searching online directories specific to the practice area or geographic area you need. Many directories provide an overview of listed lawyers’ specialties and backgrounds. You can also read customer reviews and search state bar associations to verify that attorneys have valid license information and disciplinary track records.
Thirdly,contact local legal aid organizations as they may be able to provide free or reduced-cost representation. Additionally,many state bar associations offer referral services so you can find an attorney with experience in this particular field of law.
Finally,arrange an initial consultation before deciding on whether or not you want the lawyer to represent you. This consultation should give you the opportunity to discuss your case in detail and develop a clear understanding of how the defense attorney plans to handle it.
No matter which strategy you use to find a lawyer experienced in beating marijuana DUI charges,it is important to remember that communication is key throughout the process. Once an attorney is retained,make sure he or she understands your situation so that together you can develop a defense strategy best suited for your case. With the right lawyer by your side,you stand a better chance at beating even the most difficult DUI charge.
With this foundation of knowledge surrounding finding an experienced lawyer in hand,understanding DUI defense strategies and tactics will help form the rest of the puzzle pieces needed in order to beat a marijuana DUI charge.
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Understanding DUI Defense Strategies and Tactics
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DUI defense strategies and tactics involve legal developments like challenging the Breathalyzer test results as well as technical arguments regarding how law enforcement handled the investigation and subsequent arrest. In essence,attorneys look for ways to prove that law enforcement did not properly follow their own procedures or failed to accurately record information when conducting a sobriety checkpoint or after pulling someone over.
Breathalyzer tests are often used to determine if an individual has been driving while impaired by marijuana. However,DUI defense attorneys can challenge the accuracy of these tests,citing the fact that the devices may give false positives due to temperature variations,improper calibration,radio interference,and other factors. Additionally,there may be issues with the equipment itself or questions about whether the law enforcement officer followed proper protocol for administering and recording the results.
Legal arguments can also be made about how an individual was stopped or arrested in order to challenge the legality of any evidence collected by law enforcement. Additionally,lawyers can argue that roadside sobriety tests were administered incorrectly or that officers failed to read a person their Miranda rights while they were in custody. All of these potential issues can create doubt which can result in a reduction in charges or dismissal of a case.
While these strategies and tactics can be beneficial to someone facing a marijuana DUI charge,it is important to note that each case is unique and requires experienced legal counsel who is familiar with DUI laws on both federal and state levels. An experienced attorney will ensure that all legal requirements are met and will use reliable defense techniques to argue for reduced charges where applicable.
By understanding DUI defense strategies and tactics,individuals charged with marijuana DUI have the opportunity to build a strong case against conviction. The next section will discuss the consequences of a marijuana DUI conviction; understanding these implications can provide useful insight into determining how best to handle one’s specific case.
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Consequences of a Marijuana DUI Conviction
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A marijuana DUI conviction can render serious legal,social,and financial ramifications. A first-time offender will likely face a variety of punishments including fines,probation,license suspension or revocation,community service,and possible jail time. Each case is ultimately decided according to the discretion of the judge; however,here are some of the most common penalties for a marijuana DUI conviction:
Fines. A marijuana DUI comes with hefty fines. Depending on the state and city,marijuana DUI fines can range from several hundred dollars to thousands of dollars. In addition to the initial fine,there may be other applicable costs such as court fees or lawyer fees.
Probation. Probation is a sentence imposed by the court that requires individuals to follow certain rules within specified timeframes. Although probation looks different depending on each individual case,it primarily involves monitoring by law enforcement,regular drug testing,court-ordered meetings or classes related to substance abuse,limited travel outside the jurisdiction where your offense occurred,restricted contact with people of bad character if applicable,attendance in counseling sessions or courses aimed at rehabilitating the offender in some way.
License Suspension/Revocation. Driving under the influence of drugs is dangerous and illegal for obvious reasons. As such,a marijuana DUI conviction often results in some type of license revocation or suspension. This means that your license will no longer be valid and you will not be able to drive until the terms of your conviction are satisfied or until an appeals process is completed successfully (if applicable). The length of suspension or revocation depends on multiple factors including past convictions and severity of your offense.
Community Service. Community service is often part of a marijuana DUI conviction sentence and typically involves performing physical labor for a government agency or nonprofit organization for an allotted amount of hours. During community service hours,offenders are required to remain sober in order to complete their work assigned by the organization they are serving under in order to meet probation requirements/conditions outlined by their sentencing arrangement.
Jail Time/Incarceration. Generally speaking,jail time should be expected if convicted with a marijuana DUI charge because it sends a message that driving while impaired is unacceptable behavior and will not be tolerated by law enforcement officers and governmental organizations responsible for upholding public safety standards/laws within our communities. Lengths of incarceration vary greatly depending on prior convictions and felony charges associated with this particular offense—misdemeanors resulting from non-aggravated circumstances may result in less severe sentences ranging from days spent in prison all the way up to months or even years spent behind bars depending on the discretion of the judge`s ruling power upon delivery of judgment based on both parties presented during court proceedings.
Those facing potential consequences from receiving a marijuana DUI charge should consult immediately with an experienced Dallas personal injury attorney who understands all aspects involved in fighting such charges and building a solid defense as soon as possible after arrest regarding one`s best chances at avoiding longterm repercussions whether they involve harsh punishment or even small infractions related solely toward monetary restitution payments in lieu thereof which could result due to unjustified mandatory procedural guidelines set forth by certain jurisdictions that require fines regardless whether innocent or guilty regardless overall expected outcome.– Regardless what one`s particular situation might entail it`s always important to evaluate options carefully before making any irreversible choices regarding legal action towards resolution within this matter because sometimes simply opting to settle out of court without going through traditional trial procedures may prove extremely beneficial yet considering risks associated herein must also be taken into account since although outcomes dependent upon this avenue might involve leaving behind fewer permanent marks than contentious courtroom battles nevertheless could end up costing more than many realize regarding end result findings/conclusions ultimately determined possibly resulting from mistakes made along way therefore thorough research needs done beforehand when deciding appropriate action plan frequently updated accordingly as events unfold throughout decision making process itself thus enabling one access towards crucial advantages provided potentially needed later down road during actual litigation if necessary due potential element uncertainty correlated therein.– Some states may impose harsher punishments than others; however either way such convictions leave lasting effects upon an individual’s reputation beyond just fines applied due criminal record now attached shall forever remain viewable upon background checks vital credible employment applications so recognizing importance seeking competent legal counsel thereby highly recommended even before any issues arise that require immediate solution because ignorance suggestion prescription still holds true concerning every aspect life especially legal matters when stakes already high enough failure recognize same surely lead further disaster due inability understand otherwise clear rules regulations anything
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Frequently Asked Questions Explained
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What kind of evidence do I need to defend myself against a marijuana DUI charge?
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The best kind of evidence to defend yourself against a marijuana DUI charge is objective evidence. This includes any blood test results that can show the exact level of cannabinoids in your system at the time,any videos or photos of you taken before,during and after the incident that can prove your sobriety,pictures of any medical condition you have that might affect your driving,and any witness testimony that can verify that you were behaving normally. All of this evidence can be used as proof that you were not under the influence of marijuana at the time of the incident. Additionally,contacting a qualified lawyer who specializes in DUI cases is essential to making sure all relevant evidence is provided in court.
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What are the laws regarding marijuana DUI charges in my state?
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The laws regarding marijuana DUI charges vary from state to state. Generally speaking,it is illegal to operate a motor vehicle if your blood alcohol level,or the presence of certain drugs in your system,impairs your ability to drive safely. This includes marijuana and other schedule 1 drugs. Depending on the particular state you are living in,there may be zero tolerance policies that prohibit any presence of a drug in the bloodstream while driving. Other states may also have different thresholds and penalties associated with marijuana use while driving.
It is important to research the specific laws in your state as they relate to marijuana DUI charges to ensure that you are abiding by them accurately and completely. States have different laws surrounding this issue,so understanding the laws in your particular state and adhering strictly to them is essential.
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What type of defense strategies can I use to beat a marijuana DUI charge?
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When defending against a marijuana DUI charge,you must build a strong case and consider using many defense strategies.
First,you will want to challenge the accuracy of the test results. It is important to determine if the tests were administered correctly or not. You may need to hire an expert in drug analysis,who can show the court evidence of potential contamination or degradation of the sample,that may have affected the accuracy of the test result.
Second,establish that your driving was unaffected by marijuana intoxication. Even though you tested positive for marijuana,it is important to show that it did not significantly impair your ability to drive safely. This can be done through witnesses that can testify to your sobriety before and after you were stopped,or through videotapes of your driving behavior.
Third,consider whether there was probable cause when you were stopped. The officer must have had proper justification for stopping you such as running a stop sign or swerving in the road. If they did not have solid evidence of why they pulled you over,then this could lead to a dismissal of your case.
Finally,it may be possible to argue entrapment – meaning,that an undercover agent provided false information about marijuana possession that induced you into committing a crime for which you wouldn’t have otherwise been charged with otherwise.
By challenging any faulty tests,providing evidence of sobriety,arguing lack of probable cause for being stopped and potential entrapment,you may be able to successfully beat a marijuana DUI charge.