QUESTION
Can I be charged with intoxication assault if I had marijuana in my blood?
Asked on Mar 27th, 2013 on Automobile Accidents - Michigan
More details to this question:
I had a seizure while I was driving. I may have had marijuana in my blood at that time.
6 ANSWERS
Ronald A. Steinberg
Absolutely. Now, if you have a seizure disorder, you should be ashamed at smoking dope. Then, driving a car on top of that
Answered on Apr 02nd, 2013 at 12:01 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You do not give enough facts. If you caused an accident (you do not say) while you were driving and someone was injured, you are much more likely to be charged with felony driving under the influence. There is no charge called intoxication assault in South Carolina. To be convicted of felony DUI, they would have to prove that your ability to operated a motor vehicle was materially impaired due to marijuana. Having it present in your blood in of itself is not sufficient.
Answered on Mar 28th, 2013 at 5:14 AM
Thomas Edward Gates
Yes, you can be charged. Being impaired is not a defense.
Answered on Mar 27th, 2013 at 12:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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It is contrary to law to drive with too much alcohol or drugs in your system
Answered on Mar 27th, 2013 at 12:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There certainly are possible charges, I need details to form an opinion.
Answered on Mar 27th, 2013 at 10:13 AM