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Defense of Driving of Under the Influence of Marijuana or Cannabis Cases

Defense of Driving of Under the Influence of Marijuana or Cannabis Cases – Five Nanograms Per milliliter of Active THC limit has not been scientifically validated Currently Colorado and Washington are the only states to permit the recreational purchase and possession of marijuana in the country.  As a result of Colorado’s legalization of marijuana, steps […]

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Supreme Court Lets Colorado Law Stand

WASHINGTON (AP) — The Supreme Court won’t hear an appeal from Colorado officials who want to make it easier for authorities to take blood samples from suspected drunk drivers without their permission or a warrant. The justices on Monday let stand a state supreme court ruling that excluded evidence of a Colorado man’s blood test […]

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Driving Under the Influence of Marijuana: Standard Roadside Sobriety Maneuvers are ineffective at detecting Stoned Driving.

A recent article in the NY Times recognizes the limitations of standard roadside maneuvers at detecting drivers impaired by the effect of marijuana. If you have been charged with Driving Under the Influence of Marijuana or other drugs it is imperative to have your case evaluated by a trained attorney. Contact the experienced attorneys at Seawell and Buckmelter, PC where our experience in litigating these cases for over twenty years will be used to formulate a strong defense to such charges.

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5 ng limit for Driving Under the Influence of Marijuana is now the law in Colorado.

Driving Stoned Bill Fizzles in Colorado Senate

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Colorado Marijuana DUI Bill Advances, THC Blood Level Limits Cleared For A Vote By The Full House

It looks like a .5 ng standard for a jury to infer guilt of Driving Under the Influence of Cannabis is soon to become a reality for Colorado drivers. House Bill 1114 will require judges to instruct jurors in DUI of Marijuana cases that they may infer that drivers are under the influence or marijuana or cannabis if their blood concentration of active THC is 5ng per ml of blood or greater at the time of driving or a reasonable time thereafter. Three previous efforts to set a per se standard from driving under the influence of marijuana have failed in the Colorado legislature. However, this most recent effort appears ready to pass through the legislature and eventually be signed into law by the governor. Many believe such legislation is necessary to keep our roadways safe from stoned drivers in light of the recent passage of Amendment 64 to the State Constitution, which allows anyone 21 or over to legally possess an ounce or less of marijuana. However, frequent users of cannabis may surpass the .5 ng limit and not demonstrate impaired driving. Undoubtedly the legislation will make convictions easier to obtain. Frequent and medicinal users of marijuana will inevitably experience increased prosecution and ultimate conviction of impaired driving as a consequence. To counter such increased enforcement and this most recent legislation, requires an aggressive defense by a skilled advocate capable of demonstrating that a driver is not impaired at such a low level. If you find yourself charged with Driving Under the Influence of Cannabis, consult the attorneys at Seawell and Buckmelter, PC so that you may mount a skilled and effective defense against this most recent effort to make the prosecution’s job of obtaining a conviction easier.

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