The Facts of the Case

According to the court’s opinion, the defendant was allegedly driving erratically when he slammed into the rear of another vehicle. After the accident, the defendant pulled over to the side of the road and slumped over the wheel. Responding officers believed the defendant to be under the influence of alcohol, a finding that was confirmed after the defendant’s blood indicated the presence of alcohol and marijuana.

Initially, the defendant was charged with various crimes, including two counts of DUI. The first count was based on driving while under the influence of alcohol, and the second for driving under the influence of marijuana. Before trial, the prosecution withdrew the charge pertaining to the defendant’s marijuana use and asked the court to preclude the defendant from presenting his Arizona Medical Marijuana Act card (AMMA card).

The defendant argued that his AMMA card was relevant because it would inform the jury that he had not illegally used marijuana; however, the court granted the prosecution’s motion. The jury found the defendant guilty of driving under the influence of alcohol, and the defendant appealed the court’s ruling prohibiting the introduction of his AMMA card.

The Appellate Court’s Decision

On appeal, the court affirmed the lower court’s granting of the prosecution’s motion to prohibit introducing the defendant’s AMMA card. The court first noted that the defendant was not charged with driving under the influence of marijuana, and that there was “overwhelming” evidence that the defendant was impaired by alcohol. The court acknowledged that the AMMA card may have been relevant to the marijuana DUI charge. However, the court explained that the AMMA card would not have justified the defendant driving under the influence of marijuana, only his use of marijuana. Ultimately, the court held that – regardless of the propriety of the lower court’s ruling – the defendant could not show any prejudice from the court’s decision to keep the AMMA card out of evidence.

Have You Been Arrested for an Arizona DUI Offense?

If you have recently been arrested or an Arizona drunk driving offense, contact Attorney James Novak for immediate assistance. Attorney Novak is a veteran Tempe criminal defense attorney with extensive experience handling all types of DUI offenses, including those based on DUI checkpoints, traffic stops, car accidents, and more. Whether this is your first DUI arrest, or you have been convicted of DUI in the past, Attorney Novak can help you defend against the accusations you are facing so you can move on with your life. To learn more, call 480-413-1499 to schedule a free consultation today.

The Facts of the Case

According to the court’s opinion, a police officer noticed that the defendant’s car had a burnt-out headlight and a crooked license plate. The officer pulled the defendant over and, upon approaching the car, noticed that the defendant had bloodshot, watery eyes, groggy speech, and seemed lethargic. When asked for his driver’s license, the defendant provided the officer with an Arizona ID card. At this point, the officer noticed that the defendant had a medical marijuana card.

The officer asked the defendant if there was marijuana in the car, and the defendant indicated there was. According to the officer, the defendant admitted to smoking marijuana earlier that day. The defendant agreed to perform field sobriety tests, but expressed concern that the bullet in his hip could impact his ability to perform the tests. After the trooper determined that the defendant exhibited signs of impairment while performing the tests, the officer arrested the defendant for driving under the influence of marijuana.

At trial, both the prosecution and the defense presented expert witnesses. The prosecution witness noted that there were 3.6 nanograms of THC in the defendant’s blood, and that this amount could impact his ability to drive. The defense expert disagreed, explaining that there was no way to say that such a low level of THC would affect the defendant’s driving. Ultimately, after the judge denied the defendant’s motion for a directed verdict, the jury convicted the defendant.

The defendant appealed, arguing that the evidence presented at trial was insufficient to support his conviction. The defendant argued that, because he had a medical marijuana card, the prosecution had to show that he was actually intoxicated from marijuana, and not just that he had some of the drug in his system. The defendant also pointed out that there was no evidence of unsafe driving, and that there was an explanation for his performance of the field sobriety tests.

The court, however, rejected the defendant’s arguments and affirmed his conviction. The court explained that the defendant bore the burden to prove that the marijuana in his system did not affect his driving. Here, the court noted that the defendant’s expert could not say “one way or the other” if the 3.6 nanograms of THC was enough to impair the defendant’s driving. On the other hand, the prosecution’s expert claimed that such a level could result in impaired driving. The court explained that, if the jury credited the prosecution’s expert’s testimony, the evidence would be sufficient. Thus, the court affirmed the defendant’s conviction.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested for an Arizona DUI offense, contact Attorney James E. Novak for immediate assistance. Attorney Novak is a veteran DUI defense attorney with extensive experience handling all types of DUI cases, including those involving medical marijuana cardholders. To learn more, and to schedule a free consultation today, call 480-413-1499.

What’s interesting about this recent case, however, is that it may prove unfair to legal users of medical marijuana simply given the nature of the substance.

The Basics of the Appellate Court Ruling

The Arizona Court of Appeals ruled that if traces of marijuana are found in someone’s system while he or she is driving, their medical marijuana card will not provide immunity from DUI or DWI prosecution.

Users Can Be Busted Even If They Have Not Recently Used Medical Marijuana

The most alarming issue of this ruling to medical marijuana users is that they can be busted on DUI/DWI charges even if they are not high while behind the wheel. If a chemical test is conducted and past traces of marijuana are present in the system, this is grounds for a DUI/DWI charge.

The primary concern is that it can take some time for the marijuana to leave the system even if the effects of the drug are not presently affecting an individual.

How long does marijuana stay in your system?

It can take as long as six weeks for all traces of marijuana to fully leave a person’s system. This means that even if you have not smoked or ingested marijuana for some time, you could potentially face criminal prosecution.

Major Risks of Prosecution Even for Legal MMJ Cardholders

People who have cards for medical marijuana use are now in a potentially unfair position if they are pulled over and chemical tests are administered as part of an arrest. Just by commuting to work, a person who is legally using medically marijuana can be prosecuted as if he or she doesn’t have a legal protection to use the drug.

Other protections under the state’s medical marijuana laws may remain in place, but the lack of this protection while driving (even when not experiencing the effects of marijuana use) may catch medical marijuana users off guard and lead to many major legal hardships.

Our Team Will Continue to Fight for You

As the recent court ruling will likely lead to a larger discussion about medical marijuana use in the state of Arizona, what’s important is that current users of medical marijuana have a skilled attorney on their side following any charges. We will be sure to fight for you or your loved one each step of the way. We will also keep tabs on this unfolding story given its legal ramifications and post updates on the blog given how many people are affected.

Speak with Our Criminal Defense Attorneys

If you would like more information about medical marijuana use and other matters related to driving while intoxicated, we encourage you to contact a skilled DUI defense attorney today. We at The Law Office of James Novak will make sure that you receive a just and strong defense for any charges you face.