Fight it. These cases are nearly impossible for the State to win at trial because of the science involved. The psychoactive metabolite in marijuana only stays in your system for a very short time after having smoked. If you are a regular smoker the test will show the inactive metabolite which can stay in your system for 45 days. This doesn't have any bearing on whether you are impaired. The state can't prove that you were impaired because of marijuana. It's their burden and they mostly can't reach their burden. Further, the cop that does the drug recognition evaluation (DRE) usually does it wrong and an expert can point out how wrong they are. For instance, the DRE cops are taught that one symptom of being under the influence of marijuana is a green coating on the tongue. This is ridiculous. Finally, there are studies which show that people under the influence of marijuana are not impaired. I know, for years you've heard people tell you they drive better when stoned. An defense expert can get those favorable studies in front of a jury.
Answered on Aug 01st, 2013 at 12:14 AM