Medical Marijuana Card Defines Arrest
One of my clients came to me with a ticket for driving under the influence of marijuana (marijuana DUI). The difficult part for her was that she was not under the influence of anything. She was stopped for speeding and as soon as the Officer smelled marijuana and found out she had a medical marijuana card, it was all over. She cooperated and performed the roadside tests as instructed, thinking that if she did what they ask the police would realize she was sober. However, that realization did not occur. She was arrested and her blood drawn. That blood draw would end up proving her innocence. When the result came back to her it showed that she was absolutely sober.
Blood Test Proved No Marijuana DUI
One would think that once the blood result was shown to the District Attorney’s Office that the case would be dismissed. No! She was offered to plead guilty to reckless driving with six to twelve months worth of alcohol and drug classes and a large amount of community service. She politely refused their offer and brought the matter to Colorado Springs criminal defense lawyer James Newby.
Charges Reduced With Sharp Investigative Work
As a criminal defense attorney in Colorado Springs, I see cases all over the spectrum. Some clients are absolutely guilty and others are absolutely innocent. One of the hardest perceptions to overcome is that a person is guilty if the police arrest them. The idea that the police never get it wrong is false. Luckily for my client, even though she had a medical marijuana card and appeared guilty to the arresting officer, science proved them wrong and her right. I went to work, reviewed the evidence, and the case was resolved with a reduced speeding charge with a small fine.
The District Attorney Is Not On Your Side
Please realize that the District Attorney is not on your side. They represent the State. As a former prosecutor, I can tell you that most do what they think is right, but that may not be what is in your best interest.
In this case, even though my client had a medical marijuana card and a blood test proved her innocent, without me it meant that the Deputy District Attorney felt that my client was somehow getting away with something. They wanted to punish her for behavior that she did not do.