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4/20 pulled over

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Subaru8112

Junior Member
I got pulled over on Saturday 4/20 for a speeding ticket and ended up getting charged with dui even though i blew .03 and had not been drinking since the previous night around 11pm i got pulled over at 10:33 am, im also a medical marijuana card holder and i was not high when i got pulled over but he thought i was and gave me the decision on the blood test or suspend my license for a year so i did the blood test. The officer kept telling me i was impaired, i believe i was dehydrated and it was in the morning, i also believe that i was kind of wrongly profiled on it being 4/20 and i believe this also led to his decision on thinking i was high on marijuana. this is in CO. Any advice? Thoughts on what i should do besides get a good lawyer? Any one know of good a DUI/DWI attorney thats good for college students in CO on the front range? I look forward to your help.
 


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sandyclaus

Senior Member
Subaru8112 said:
I got pulled over on Saturday 4/20 for a speeding ticket and ended up getting charged with dui even though i blew .03 and had not been drinking since the previous night around 11pm i got pulled over at 10:33 am, im also a medical marijuana card holder and i was not high when i got pulled over but he thought i was and gave me the decision on the blood test or suspend my license for a year so i did the blood test. The officer kept telling me i was impaired, i believe i was dehydrated and it was in the morning, i also believe that i was kind of wrongly profiled on it being 4/20 and i believe this also led to his decision on thinking i was high on marijuana. this is in CO. Any advice? Thoughts on what i should do besides get a good lawyer? Any one know of good a DUI/DWI attorney thats good for college students in CO on the front range? I look forward to your help.
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Some people's driving ability can be significantly impaired at a lower BAC, especially if they mix booze with other drugs (including marijuana). The combination is what may have caused the conditions which the officer believed had affected your driving.

You definitely need a lawyer. We don't do recommendations or referrals here. I suggest you check with your local bar association for a referral.
 
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betachains

Member
Subaru8112 said:
I got pulled over on Saturday 4/20 for a speeding ticket and ended up getting charged with dui even though i blew .03 and had not been drinking since the previous night around 11pm i got pulled over at 10:33 am, im also a medical marijuana card holder and i was not high when i got pulled over but he thought i was and gave me the decision on the blood test or suspend my license for a year so i did the blood test. The officer kept telling me i was impaired, i believe i was dehydrated and it was in the morning, i also believe that i was kind of wrongly profiled on it being 4/20 and i believe this also led to his decision on thinking i was high on marijuana. this is in CO. Any advice? Thoughts on what i should do besides get a good lawyer? Any one know of good a DUI/DWI attorney thats good for college students in CO on the front range? I look forward to your help.
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How much time was between your last toke and your stop? Did you submit to the Field Sobriety Tests?

ASFAIK, CO has not yet pass its marijuana per se blood-level law, and you are below the per se alcohol level. The State will have to prove that you were driving impaired with other physical evidence.

Depending on your blood test results, you may not even be prosecuted. But, you are better off getting a lawyer now. Count on paying enough that you won't have to worry about having money left over for beer and weed for the next few semesters.
 
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CdwJava

CdwJava

Senior Member
Impairment does not require any specific BAC or concentration of THC metabolites in the blood. The state will have to show impairment through actions and observations. Understand that marijuana IS an impairing substance. It DOES effect your ability to safely operate a motor vehicle. And when combining it with alcohol a synergistic effect can develop which can result in greater impairment that might otherwise have existed with one or the other substance.

The whole country will be watching CO to see how they address these very real concerns of newly liberated marijuana users operating motor vehicles on the roadways. CA is probably not that far off and we are already looking at this ... though, with our current Sacramento legislature, we're not too confident that we shall see any help in the near term - especially with there no longer being any significant consequence to refusing a blood test here.
 
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betachains

Member
Subaru8112 said:
pretty sure 3 hours maybe.
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Well, your marijuana levels will be up there. The police officer prob. smelled it on you. I haven't smoked any for many years, but the odor is easily detectable for non-users.

Marijuana *is* an intoxicant. There seem to be a widespread impression that a few hits won't impact driving, and maybe makes a slower, more mellow driver. Or, chronic users (like "medical" users) are so habituated that high blood levels are OK. That is dangerous nonsense.

You definitely need a lawyer.

You had to submit to either a blood *or* breath test to avoid the DMV suspension. The latter test wouldn't have shown marijuana. Also, the "medical marijuana" card is a joke, and everyone - including the courts - treat it as such.
 
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OHRoadwarrior

Senior Member
It amazes me how many of these young adults qualify for medical mj cards, yet seem to function well in society, working and attending college.:rolleyes:
 
TheGeekess

TheGeekess

Keeper of the Kraken
OHRoadwarrior said:
It amazes me how many of these young adults qualify for medical mj cards, yet seem to function well in society, working and attending college.:rolleyes:
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Colorado doesn't require a medical marijuana card; the state trusts its residents to use responsibly. :cool:
 
TigerD

TigerD

Senior Member
OHRoadwarrior said:
Oh thats right. Thanks for correcting me Geekess. I wonder what this will do to college scores in that state.
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I was going to make a snide comment about Colorado not having sports scores to worry about, but after the Missouri Tigers' performance this year ....

DC
 
CdwJava

CdwJava

Senior Member
OHRoadwarrior said:
It amazes me how many of these young adults qualify for medical mj cards, yet seem to function well in society, working and attending college.:rolleyes:
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I have found it fascinating that no doctors that issue these to "patients" in my county have EVER affirmed the recommendation when asked by the DA to verify that the suspect was a patient. Likewise I am told by "patients" that they are told NOT to get the state-issued card ... odd, since the state card gives them, effectively, a stay out of jail free card. More likely because they don't want the scrutiny that might recognize that most these doctors make their sole living on issuing recommendations and, in some high profile cases, never even examined their "patients." But, those doc tors got theirs! One was actually censured ... twice! He made up false records and got his wrist slapped! That'll teach him!

And, of course, you can collect welfare for being injured, disabled, or even a drug addict in some situations. And, eventually, they turn into Jeff Spicoli.
 
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betachains

Member
For some years in CA, and elsewhere, recommendation for medical marijuana was a very lucrative way for anyone with an MD to earn big bucks. The "patients" get seen for 1-3 minutes, for cash. Purely by coincidence, a medical marijuana dispensary is right next door.

There was a recent major-media story about a cardiac surgeon who retired to a medical marijuana mill in Oregon and making more than he ever did just cutting into people's chests.

Fortunately, at least in CA, the medical boards are cracking down, and the doctors actually have to document an ongoing relationship with the patient. The Board has suspended several licenses for violation. Pllus, with so many entrants into the field, it is financially not as attractive as in 2003.
 
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