Category: Criminal Defense

Driving Under Marijuana Influence

Driving Under Marijuana Influence

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On behalf of Earl L. Jiang, Attorney at Law | Posted in on Wednesday, June 7, 2017.

California and other states that have decriminalized the recreational and medicinal use of marijuana still have laws against driving while impaired. However, the standards for marijuana impairment are still evolving, and many questions about driving under marijuana influence exist. Regardless of these questions, DUI Driving under the influence of marijuana is a crime in California.

Currently, California law enforcement uses both observed and chemically tested impairment as the basis for charges of marijuana. Field tests may allow trained officers to judge driver impairment based on personal observations. However, the reliability of this method is questionable. Although officers receive advanced training in identifying many indicators of pot impairment, many may not have mastered the skills required to make accurate observations.

Chemical testing involves measuring the active tetrahydrocannabinol (THC) in the driver’s blood. Multiple problems exist with the tests, including the fact that, although no legal limit has been set as for drunk driving, many drivers are charged when their blood test results show THC exceeding 5 nanograms. Compared to blood/alcohol testing, testing for cannabis can be inaccurate because THC will show in a user’s blood for months. Furthermore, the two to three hours it typically takes to get a blood test completed may not provide reliable results.

Law enforcement personnel in California use a device similar to a Breathalyzer that tests drivers for several drugs, including marijuana. Another test requires the officer to take a swab sample from inside the driver’s cheek to check for drug presence on the spot. The fact remains that there is no legal limit against which to measure the THC level in a driver’s system.

The best step for California drivers who are accused of driving under marijuana influence is to consult with a DUI defense attorney experienced in handling these types of criminal cases.

Source: cannabisnow.com, “5 Questions About ‘Weed DUI’ Answered“, Rachel O’Connor, May 30, 2017

Santa Rosa DUI Driver Causes Miscarriage

Santa Rosa DUI Driver Causes Miscarriage

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Felony DUI on Tuesday, May 30, 2017.

Any driver who is suspected of impaired driving in California could face the wrath of the law. When a person who is suspected of driving under the influence causes a crash that leads to the serious injury or death of another, his or her first consideration would likely be to engage experienced legal counsel. Although it may be challenging to defend a DUI charge, it is possible.

According to California Highway Patrol, a 40-year-old Santa Rosa man was arrested in Sonoma County on the late afternoon of a recent Monday. Officers say the man was eastbound on Highway 12 when he allegedly veered across the center, entering the westbound traffic lanes. Reportedly, his vehicle collided head-on with a vehicle traveling west.

The driver of that car, a 33-year-old woman, was over halfway through her pregnancy, and sadly miscarried as the result of the collision. Paramedics rushed both drivers along with a 27-year-old female passenger of the alleged drunk driver to a hospital. However, the man was arrested before CHP released him to the hospital. An officer said they had reason to suspect the male driver of being impaired by drugs at the time of the crash.

Source: Rohnert Park, CA Patch, “Woman Miscarries After Hwy 12 DUI Crash: CHP“, May 24, 2017

Any California driver who faces accusations of driving under the influence may benefit from securing the services of an experienced DUI defense attorney. Having a skilled lawyer who knows the ins and outs of defending such charges can be a significant asset. An attorney can examine the charges and the evidence before devising a defense strategy, aimed at achieving the best possible outcome under the particular circumstances.

Remain Polite When Facing DUI Charge

Remain Polite When Facing DUI Charge

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On behalf of Earl L. Jiang, Attorney at Law | Posted in Drunk Driving Charges on Wednesday, May 24, 2017.

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Any cursing, running, using force against the officer or disobeying orders can exacerbate the situation and may count against the driver.

Sometimes California drivers operate their vehicles after having a few drinks, thinking that their blood-alcohol levels are below the allowed level of .08 percent for adult drivers. The consequences could be severe if they are pulled over and arrested — even without a conviction. The manner in which a driver handles such a traffic stop may play a role in the severity of any DUI charge that is filed.

Pulling over immediately upon an officer’s command may be a good start. The driver should then switch off the engine and put both his or her hands on the steering wheel. The driver must then remain in the car until the officer asks him or her to get out.

A driver has the right to remain silent. It may be best to be polite and follow the orders of the officer. Answering basic questions could be okay, but providing information that may be self-incriminating is unnecessary. The driver need not tell officers how many drinks he or she consumed. Nor is it necessary for the driver to explain where he or she came from and who else was there.

Even if the driver remains polite, a DUI charge may be filed. If this is a driver’s first DUI arrest, it will likely be a daunting experience, but the best step is to ask permission to call a criminal defense attorney. An experienced California DUI defense attorney will explain the proceedings that will follow and can be present during questioning to ensure the driver’s legal rights are protected. If the case goes to court, the lawyer can navigate the proceedings and work toward achieving the best possible outcome.

Source: Huffington Post, “5 Things to Do If You Are Pulled Over For a DUI“, Victoria Yore, Accessed on May 19, 2017

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