Case #: 2021-CT-****-A Marijuana DUI
Our client was arrested and charged with a DUI after suffering a medical episode while driving and crashing into a tree, then hitting a house. At the hospital, a "Drug Recognition Expert" believed our client was under the influence of marijuana. However, the officer did not complete a Drug Recognition Evaluation in order to determine what, if anything, was actively impairing our client's faculties. Our client, a medical marijuana user, freely admitted that they had legally used marijuana approximately 24 hours prior to driving. Even being a "Drug Recognition Expert", the officer placed our client under arrest for her medical episode.
Upon reviewing the facts of the case, our attorneys filed a Motion to Suppress evidence on the grounds that the "Drug Recognition Expert" officer did not have the requisite suspicion to ask our client to submit to Field Sobriety Exercises, nor the requisite probable cause to arrest our client based on the totality of the circumstances.
The State pursued prosecution against our client. Our attorney, using the relationships that have been cultivated with the State based on reputation and respect, explained, in great detail, why the State legally could not prove the case against our client.
Taking everything into consideration, the State offered to amend our client's DUI charge to a civil Careless Driving citation with no criminal conviction, no civil conviction, no points, and minimal sanctions.