The State of California makes it a crime to Drive or Operate a Vehicle While Under the Influence of Marijuana pursuant to Vehicle Code section 23152(e) which states: “It is a crime for the driver of a motor vehicle to be under the influence of marijuana."
ALERT: Be advised that driving/operating a vehicle while under the influence of marijuana is still and always will be a crime in California. Despite California voters passing Proposition 64 in November 2016 and the recreational consumption of marijuana law going into effect on January 01, 2018 which legalizes the use of recreational marijuana in California, driving/operating while under the influence of any drug including marijuana is a crime punishable by jail, loss of reputation and loss of your driving privilege. Law enforcement officers have been pushed to begin enforcing California's driving or operating a motor vehicle under the influence laws more seriously, since "baked or stoned driving" will be more prevalent after the passage of Proposition 64. Police officer’s will be stopping vehicles for even the most minor traffic violations then looking or smelling for objective signs of marijuana use such as red, watery eyes, the smell of burnt marijuana and other indicia of marijuana consumption. As of January 01, 2018. Possession of under an ounce of marijuana is no longer a crime. That of course, does not give citizens the right to drive after they have smoked marijuana. Driving/operating under the influence of marijuana is still and will always be a crime punishable in California.
Driving/operating a vehicle while under the influence of Marijuana DUI has the same criminal elements as Driving/operating Under the Influence of Alcohol with the only difference being the drug (MARIJUANA) that is in a person’s system when one gets pulled over and stopped by law enforcement.
Driving/Operating While Under the Influence (DUI) of Marijuana - Penalties of Probation
The probationary terms of a first time DUI marijuana/weed conviction are:
- Stay out of trouble informal probation from anywhere between 3 to 5 years;
- Up to 180 days in county jail;
- A base fine within $390.00 and $1,000.00 with penalties and assessments totals between $1,900.00 to $3,500.00 and;
- Suspension/Revocation of your driving privilege for 30 day to 5 months.
Priorability: What is important to note is that Marijuana DUI’s are Priorable meaning that a second offense conviction for driving under the influence of marijuana within 10 years of a conviction for DUI marijuana/drugs or DUI alcohol makes the 2nd or subsequent offense even more burdensome including mandatory jail.
Even though You are charged with DUI Marijuana Does NOT mean You have to be Convicted of Driving or Operating a Vehicle Under the Influence of Marijuana. There are defenses to help the accused!
The points below reference just a handful of legal defenses used to attack DUI Marijuana charges in violation of California VC section 23152(e):
- The accused was not operating a motor vehicle at the time of the alleged offense;
- The accused didn't consume any degree of marijuana;
- The amount of marijuana measured by the chemical test showed an insufficient amount of delta-9-tetrahydrocannabinol (“THC”) to impair one’s driving;
- The effects of the marijuana consumed dissipated by the time the arrestee was driving;
- The totality of the Circumstances of the defendants driving, detention, statements, chemical test results, Field Sobriety test results, etc… Do Not Equate to Driving or Operating a Vehicle Under the Influence of Marijuana.
The criminal defense attorneys at The Law Offices of P J Voll have not and will not ever consist of former prosecutors and cops. I chose sides a long time ago and no cop or prosecutor will ever work for the Law Offices of P J Voll. We are not hypocrites who once argued to a jury to send the accused to rot away in prison or County Jail and then now advertises for you to hire them because they had a change of heart and now desire your money.
Study the following Relevant DUI Marijuana topics to better understand the ins and outs of an alleged violation of California Vehicle Code 23152(e) Marijuana DUI:
What is the Legal (Rule of Law) Definition of California Marijuana DUI Vehicle Code 23152(e)? DUI Marijuana Defined
- The legal written definition of California Vehicle Code 23152(e) Marijuana DUI is comprised of the following points that the prosecutor must prove beyond a reasonable doubt:
- Driving of a vehicle (any vehicle - even a bicycle, scooter or moped!);
- while impaired/under the influence by marijuana.
[The prosecutor must prove the D and the UI. If one or both cannot be proven to a jury beyond a reasonable doubt, then you will be found NOT GUILTY}
What is the legal (Rule of Law) definition of “Driving” a motor vehicle?
- California Criminal Jury Instructions (CalCrim) states in Cal Crim 2241 that a “Driver” is a person who is in the process of driving or is in direct physical actual control of a motor vehicle. Furthermore, the Cal Crim 2241 Instruction states that a person is legally driving a vehicle when s/he volitionally makes it roll/move by applying physical command over it. As such, all the prosecution needs to prove is that the accused caused the vehicle (motorcycle, bicycle, unicycle, scooter, moped) to move ever so slightly.
- Keep this in mind that even if a law enforcement officer didn't witness you actually driving a vehicle, they can still detain and arrest you for violating Marijuana DUI based on circumstantial evidence of driving. See below.
Example: Officer White of the L.A.P.D. comes upon a single vehicle traffic accident at the corner of Van Ness and Imperial Highway. Beto, the driver of the vehicle is outside the car which crashed into a light pole talking to his old lady Tina. Tina and Beto know what time it is so neither of them tell the officer who was driving. Shoot, they don’t even tell the LAPD officer their names and they both invoke their right to remain silent. But this officer notices that Beto smells like weed, has glassy eyes and he has a pro-Prop 215 T shirt on and a Cheech and Chong Nice Dreams Trucker hat on. The officer “detains” both Tina and Beto at gunpoint because that’s what cops do while the cop waits for backup. As soon as back up arrives which consists of about 18 patrol cars with cops riding two or three deep, officer White begins his DUI investigation by verifying who the crashed vehicle was registered to, he measures how far back the seat was to determine if Beto or his shorter old lady Tina was driving. Officer White gets statements of witnesses who might have seen the collision, he interrogates Tina and Beto separately telling them lies that two people saw that Beto was driving even though no one ratted cuz folks in that area of L.A. don’t care for the police. And then Beto, cuz he’s baked out of his mind, makes the mistake of submitting to field sobriety tests where Officer White will later write in his report that Beto was falling all over and unable to keep his balance. So now, even though Officer White didn’t personally see who was driving the vehicle that crashed, he has enough circumstantial evidence and probable cause to arrest Beto for California Driving Under the Influence of Marijuana.
What does being “Under the influence” of marijuana mean?
- One is found to be “under the influence/impaired” of weed when:
- due to using any amount of marijuana
- one is impaired to such a degree that he/she cannot operate a vehicle with the care of a typical sober person
What type or types of evidence does the District Attorney’s Office need to present in order to show that one is Guilty of DUI Marijuana in violation of California VC section 23152(e)? WHAT PROOF IS NEEDED?
- Blood or Urine Tests
As opposed to alcohol where the law criminalizes at a certain level the amount of alcohol in one’s blood to be in violation of the DUI alcohol statutes, there does not exist a specific nanogram range of THC - delta-9-tetrahydrocannabinol (“THC”) in the blood that can show whether impairment for DUI marijuana exists in a specific person. Positive THC test results showing whether one is DUI marijuana are unreliable. They simply show whether some amount of delta-9-tetrahydrocannabinol (“THC”) exists in one’s system. What they cannot reliably demonstrate is how much weed was used, or how recently one consumed it.
Furthermore, the DUI experts on both the prosecutions side and the defense side are in disagreement as to the exact quantity of THC - delta-9-tetrahydrocannabinol (“THC”) in one’s system is needed to make someone’s driving ability impaired in violation of California Vehicle Code section 23152(e) marijuana DUI.
One can be investigated for DUI, not submit to a chemical test such as a urine or blood test, and still be charged with and suffer a conviction for DUI marijuana. These chemical tests for urine or blood (or breath in alcohol cases) are simply a puzzle piece of evidence the State will use to try and prove one drove a motor vehicle stoned. And the same way a driver who is being investigated for DUI Alcohol who refuses to take a breath or blood test will thereafter be charged with DUI with the added allegation of a refusal making the crime more serious, if you refuse to submit to a chemical test while being investigated for Marijuana/weed DUI you will still be charged for DUI Marijuana under California Vehicle Code 23152(e).
Example: Max just discharged from parole where he served 2 years on a grand theft case. He always liked to play pool so he celebrated at the local billiards spot where there were many youngsters smoking weed next to the pool table he was playing at now that recreational marijuana is legal in California. Max has never smoked weed and he is in fact clean and sober. When he was on his way to his car to drive home, the police saw him stumble with his keys as he got in his car. The cops waited for him to drive away and they lit him up and pulled him over. The police clearly smelled the odor of marijuana on his clothes when they approached his car and they began a DUI investigation. Max was ordered out of his car and when asked to provide a chemical blood test, he refused because he didn’t trust the police. Max was arrested for being under the influence of marijuana. Max took a plea in court to a lesser charge even though he smoked no marijuana.
Above and in addition to the results of blood or urine tests, evidence regarding driving/operating under the influence of weed may also include:
- The existence of any ganja, rolling papers, pipes, roach clips, bowls, water pipes, bongs or other smoking paraphernalia in your vehicle or on your body
- The manner in which you were driving;
- Your Field Sobriety Test skills;
- Any admissions to the police who were investigating you;
- The way you looked such as your eyes, face, manner of dress;
- The odor of burnt marijuana on your breath, person or vehicle;
- And the most outrageous - the presence of a green tongue on the driver’
- The National Highway and Traffic Administration Field Sobriety Tests used in DUI ALCOHOL cases/arrests are one way the police try to determine if you are Driving or Operating a motor vehicle while Under the Influence of Marijuana. Now keep in mind that Field Sobriety Tests were designed to show Alcohol Impairment. There has never been a Field Sobriety Test that has been studied and later implemented in a police investigation of anyone under the influence of Marijuana.
All of the Field Sobriety Test performance indicators will be testified to at trial or a Motion to Suppress Evidence from the cop who arrested you for DUI. If the law enforcement officer suspects marijuana use, the investigating officer may Radio in for a (DRE) “Drug Recognition Expert” to the location of the stop of your vehicle OR the Officer may just testify that he or she is also a DRE.
- Some things that the officer who pulled you over looks at to determine if someone should be arrested for driving under the influence of marijuana are:
- any smell of marijuana emitting from you or the car;
- slow or slurred speech and reaction time;
- glassy, red and watery eyes;
- unequal pupil size;
- and believe it or not ... a Green Tongue (which is scientifically, biologically and humanly impossible)
May I refuse to submit to a Blood or Urine Test when being investigated for Driving or Operating a Motor Vehicle while Under the Influence of Marijuana pursuant to California Vehicle Code section 23152(e)?
- The answer is Yes but you will suffer additional allegations by the DMV and a stiffer DUI penalty when you get to court. The real answer is NO if you were issued a driver’s license in California because you gave your consent (implied) to be later blood, breath or urine tested for drugs and alcohol if anytime in the future you are detained and arrested for DUI drugs or alcohol.
Here at The Law Offices of P J Voll your Marijuana DUI Vehicle Code section 23152(e) charge will be diligently fought and the stop of your vehicle, detention and subsequent arrest and the test results will be challenged via a Motion to Suppress evidence in the trial court. If the stop of your vehicle, detention, subsequent arrest, and search of your person (test results) is proved to be unconstitutional, the blood, breath or urine test results will be discarded even if the results reveal that weed was consumed.
If I am stopped, detained or arrested for Marijuana DUI, what chemical tests must I take?
- After you have been pulled over and the cop smells the odor of burnt marijuana or you voluntarily admit to smoking marijuana recently, OR the cop sees marijuana or indicia of marijuana use on you or in your car, you will be detained and investigated for DUI. Then you will likely be requested to submit to a chemical blood or chemical breath test by the investigating officer all of which is entirely legal and Constitutional in the State of California. It is even legal for the police officer to pull you out of your vehicle and ask you questions and demand that you submit to Field Sobriety Tests.
If you choose a chemical breath test and your alcohol level is low or zero, the officer may still demand a chemical blood test if s/he believes from a totality of the circumstances that a chemical blood test will show you might be Driving or Operating a Vehicle Under the Influence of marijuana.
If you cannot submit to a blood test due to medical concerns, or if a blood test is unavailable due to a the shortage of a phlebotomist or nurse, then a chemical urine test will be demanded in place of a blood test. But this is rare.
May one legally refuse to take a chemical breath, blood or urine test for Marijuana DUI after one has been arrested for Driving or Operating a Motor Vehicle while Under the Influence of Marijuana?
- CAVEAT: Unless you are on current active probation for DUI or some other crime which requires you to submit to a chemical test, you may legally decline to submit to the road side hand held breath testing device also known as a Preliminary Breath Testing or Preliminary Alcohol Screening. Device. In addition, the officer may ask you to submit to Field Sobriety tests. Keep this next bit of information in mind, IF you are not already on DUI or criminal probation, you may legally and rightfully NOT submit to these tests. However, once arrested for DUI then it is required that you submit to a chemical test of your breath, urine of blood. You may still legally decline the Field Sobriety Tests which includes the hand held breath test device at the side of the road. So, when the cop arrests you, a refusal to submit to a DUI chemical blood, breath or urine test will create additional penalties and consequences above those already in place for Marijuana DUI Vehicle Code section 23152(e).
For a 1st Marijuana DUI, these include but are not limited to:
- 48 additional hours in jail,
- a 12 months license suspension, and
- a 9 month DUI program versus the 3-month program
- Are the Chemical Tests for Marijuana DUI even dependable and reliable?
- The following are the Big issue areas with blood or urine testing for Marijuana DUI:
- TIMING - The chemical blood or urine tests don’t indicate WHEN the consumption of marijuana took place;
- QUANTITY - The chemical blood or urine tests don’t show the quantity of marijuana that was consumed; AND
- DISAGREEMENT - The experts cannot agree as to what level of marijuana in one’s system equals driving stoned.
- THC - delta-9-tetrahydrocannabinol (“THC”)
- Delta-9-tetrahydrocannabinol (“THC”) is the predominant psychoactive chemical ingredient in marijuana and thus the principal psychoactive constituent of cannabis. It alters one’s perception, motor skills, recall and awareness. Delta-9-tetrahydrocannabinol is what causes weed smokers to feel “baked.”
Immediately after marijuana is consumed, it results in the highest concentration of Delta-9-tetrahydrocannabinol in the blood with the effects of smoking marijuana lasting no more than one to two hours.
As such, blood and urine tests which are taken outside this 1-2 hour time span for the presence of delta-9-tetrahydrocannabinol (“THC”) can be an uphill battle for a prosecutor who is trying to prove to a jury that someone who was tested outside the 1-2 hours is driving stoned.
- Problems and Issues with Marijuana Blood Testing
- False Positives: Blood chemical tests can produce many false positives for someone who has been charged with California Vehicle Code section 23152(e) driving under the influence of marijuana.
Delta-9-tetrahydrocannabinol is fat-soluble and thus stored in the fatty tissues of our body. So, it can be measured by chemical blood or chemical urine tests for Driving Under the Influence of marijuana much longer after someone who consumed it no longer feels the effects of the marijuana. And in reality, one who is a little more on the heavy/obese side of the scale may easily test positive much longer after he or she consumed marijuana.
For people who occasionally use marijuana, delta-9-tetrahydrocannabinol (THC) is detectible in one’s system for up to half a day after use. In people who frequently use marijuana, it can reveal itself in blood or urine tests up to 48 hours after last consumption. Thus, “false positives” for weed impairment are commonplace, especially when the driver has not consumed marijuana for several days.
Example: Jimmy Spliff smokes marijuana ten or twelve times every week and has been for years. I mean it’s like a religion to him. One day he is driving with his lights out after dark and is stopped by Officer Square. Square smells weed on Jimmy’s beard and wardrobe and arrests him for DUI marijuana in Violation of California Vehicle Code section 23152(e).
Interestingly, this arrest goes down on a Sunday when Jimmy has not used any herb and is not feeling any effects of weed consumption. But because Jimmy is a chronic user, his blood test shows the presence of delta-9-tetrahydrocannabinol (THC).
- Urine testing
- There exists many more issues/problems with Urine testing for marijuana DUI than blood testing for marijuana DUI. The least reliable tests to tell if one is DUI marijuana is a urine chemical test. Such testing does not directly test for the presence of Delta-9-tetrahydrocannabinol, but instead it tests for THC carboxylic acid (THC-COOH) which are metabolites that are inactive. Metabolites that are inactive can be detected in urine long after one has consumed marijuana such as days or even weeks after the arrestee for marijuana DUI has consumed marijuana. As such, any alleged impairing effects due to marijuana ingestion will have dissipated long before the accused has even thought about driving his or her car, but the inactive metabolites will still be detected by a urine test, in some cases for as long as up to one month in habitual users. Now you tell me, is that fair?
Also, a positive chemical urine test for Marijuana does not indicate the driver was DUI marijuana since these inactive metabolites do not themselves cause impairment for driving purposes. The positive test simply indicates that marijuana has been used within the last couple of days, weeks or even months.
Example: Thelma suffers from glaucoma, migraine headaches and she suffers from hemophilia. She smokes high cannibidiol (CBD)/low delta-9-tetrahydrocannabinol (THC) marijuana every morning before work and at night when she gets home from the office to assist her manage her headache pain and to literally see straight. She rarely smokes on the weekends. One Sunday evening Thelma is driving to her grocery store and she swerves into oncoming traffic because she was changing the AM radio station in her 1974 Ford Econoline Panel Van. A CHP officer sees this and he pulls Thelma over at gun point. When the CHP officer pulls her over, he detects marijuana on Thelma's clothes and dreadlocks. A chemical breath test reads zero for alcohol, so the cop demands Thelma to submit to a blood test in order to determine if she is DUI marijuana. Because Thelma is a hemophiliac, she is allowed to submit to a urine test. Even though Thelma hasn't smoked in 48 hours, she tests positive for marijuana in her system and she is arrested, handcuffed and charged with DUI marijuana in violation of Vehicle Code 23152(e).
- Is it possible for Marijuana use to Alter one’s Driving Skills?
- The Jury is still out. The National Highway Traffic Safety Administration (NHTSA) recommends NOT jumping to conclusions regarding impairment based solely on delta-9-tetrahydrocannabinol (THC) concentration in the blood.
For those reading these lines please understand that reports on marijuana consumption versus impairment for driving purposes are not settled. Some articles regarding this issue suggest that consuming marijuana increases the chance of an automobile accident, other reports claim that the use of marijuana prior to driving shows that the driver is more alert and less prone to a car accident.
- Marijuana vs. Alcohol - there are reports that claim driving after using weed makes it twice as likely of getting into an automobile accident while studies show in contrast that alcohol related drunk driving is 20 times more likely the cause of a traffic collision in newer young drivers.
Drivers who have smoked marijuana tend to be more aware of their high than drivers do of being impaired due to alcohol consumption. As a result, those who have ingested marijuana tend to drive more carefully at a slower rate of speed than normal resulting in far fewer accidents as opposed to those driving after too many drinks.
Example: Johnny Loco was racing his 2017 GT Mustang like a bat out of hell around the 405 freeway South Bay curve at 125 mph after he consumed a 12 pack of Bud Light with Jack Daniel’s chasers at the game. Cheech Marin was cruising his 1964 Chevrolet Impala down the Sunset Strip at 15 mph below the posted speed limit. Both were pulled over and both were arrested for DUI after testing positive for alcohol and marijuana respectively.
In summary, though the law penalizes DUI marijuana and DUI alcohol the same, the experts agree that this is not an equitable distribution of the California DUI laws which are already viewed as stringent, severe and cruel.
- Are there Probationary terms for DUI Marijuana California VC 23152(e)?
- DMV - A 5-month suspension of your driver's license is the standard penalty for a first time conviction of DUI Marijuana VC 23152(e). For cases without a serious accident, DUI marijuana under California Vehicle Code 23152(e) is often charged as a California misdemeanor. The probationary penalties and obligations are the same for Driving Impaired by alcohol. There is a way to only suffer a 30 days suspension providing the Administrative Pre Se hearing is lost at the Department of Motor Vehicles.
COURT - For a first time offense providing there was no traffic accident, the probationary terms of a marijuana DUI conviction can include:
- Unsupervised Stay out of trouble probation for three to five years;
- No more than six months in jail;
- A maximum fine of up to two thousand dollars ($1,900.00) and
- Suspension/revocation of your driving privilege for five months.
For second or third offenses, the probationary terms and penalties go up but still remain misdemeanor versus felony penalties unless someone was injured which could result in a felony filing of a violation of Vehicle Code section 23152(e) Marijuana DUI:
For cases filed as Felony DUI the following is only a partial list of what could be ADDITIONALLY ordered as a condition of probation providing probation is recommended:
- State prison/jail sentence;
- A driver's license suspension of one or more years;
- How does one fight California Vehicle Code 23152(e) Marijuana DUI charges?
- California DUI alcohol common defenses can also be implemented to battle DUI marijuana charges. These include an unlawful stop, illegal detention, insufficient probable cause for an arrest, improper blood draw, insufficient consent for the blood draw and failure to abide by the chemical test procedures in accordance with California Administrative Code known as Title 17.
There are certain unique defenses to an alleged violation of California Vehicle Code section 23152 (e) marijuana DUI or driving under the combined influence of marijuana and alcohol.
- You did NOT recently smoke marijuana.
The unique characteristic of the metabolite in weed is that even if you had not consumed marijuana for several days or even weeks, that you could still then test positive for delta-9-tetrahydrocannabinol (THC).
It is imperative that you advise your prospective DUI attorney of the complete truth concerning your arrest for a violation of DUI marijuana California Vehicle Code section 23152(e). Your freedom will certainly be on the line so advise your lawyer of what you consumed prior to driving and alert your attorney as to what medications you are currently taking and if you have any dental issues as well.
- The effects of my alleged marijuana use dissipated long before driving.
As stated above, Marijuana Blood and Urine chemical blood or urine tests can reveal that one previously consumed marijuana, but what these tests cannot show is how long prior one previously consumed weed. It is very common for casual sporadic users of weed to test positive for up to half a day or more after they used the herb. Chronic, lasting or frequent smokers may have positive chemical urine or chemical blood tests especially if it has been days or weeks since marijuana was last used. Keep in mind that urine chemical tests show the presence of delta-9-tetrahydrocannabinol (THC) metabolites for up to one month after a chronic user last ingested/used marijuana.
The Prosecutor’s Office knows these tests cannot be relied on by a Trial Jury and yet they continue to rely on junk science and “whore experts” from the prosecutor’s crime labs that will say anything for a conviction.
Example: Pierre smokes medicinal marijuana to keep his high blood pressure down which is hereditary in his family. One evening after Pierre was enjoying dinner with co-workers in West Hollywood, he is driving home when he is stopped for lane straddling. West Hollywood Division Sheriff Deputy Lon Carbone who stops him sees that Pierre has gorgeous green deep bloodshot and watery eyes and that he seems apprehensive and tense just like the Deputy feels. The Deputy orders Pierre out of his forest green Audi A4 and closely watches Pierre’s every move as he exits the Audi. Pierre performs poorly on a field sobriety test or two but in all fairness the Sheriff’s Deputy was not really concentrating on looking for any cues of impairment. Anyway, Pierre also submitted to a AlcoSensor IV Preliminary Breath Testing Device which tested and read zero for alcohol. Deputy Carbone arrests Pierre for driving under the influence of marijuana and nearly wets his own pants as he placed the handcuffs on Pierre. A subsequent blood test at the West Hollywood Sheriff’s station shows the presence of delta-9-tetrahydrocannabinol (THC) in Pierre's blood. He is charged with violating California Vehicle Code section 23152(e) – driving/operating under the influence of marijuana.
What the Sheriff’s Deputy didn’t know and what the blood tests do not show is that when Pierre was arrested, he hadn’t smoked weed for a full two days. Furthermore, Pierre did not perform as instructed on the Field Sobriety Tests because he had been fatigued and not under the influence of marijuana.
Luckily Pierre hired the Law Offices of P J Voll who knows that Pierre could test positive for delta-9-tetrahydrocannabinol (THC) even when it was no longer in his system. der By being familiar with the law and the scientific articles in this area, the Law Offices of P J Voll is able to get the Deputy D.A. to dismiss the driving under the influence of marijuana charges resulting in just another of the 100's of cases that P J Voll has been successful in getting dismissed..
Your physical and mental capacities were not impaired by the use of marijuana.
It is imperative that the Deputy District Attorney prove beyond a reasonable doubt that your driving was solely impaired due to marijuana use for you to be convicted and thus guilty of DUI marijuana California Vehicle Code 23152(e).
As stated above, a positive test for delta-9-tetrahydrocannabinol (THC) does not equate to impairment for driving purposes. Not one person agrees how many nanograms of delta-9-tetrahydrocannabinol THC “impairs” your driving. One can only be found guilty of DUI marijuana if the Deputy D.A. can prove that your weed use completely and adversely affected your ability to drive safely which doesn’t always occur. Remember, even the so called prosecution “experts” don't agree as to the negative impact marijuana has one’s driving ability.
P J Voll is a solid hard charging DUI defense advocate who has been defending citizens accused of driving under the influence of drugs and alcohol since 2001. He has never ever worked for the prosecution. In 2004 Mr. Voll attended a 3-day intensive lawyer only course at National Patent Analytical Systems in Mansfield, Ohio to learn the internal workings of the Datamaster cdm and DMT breath testing instruments which, along with the Intoximeters EC/IR and EC/IR II machines, are used throughout California in the prosecution of those charged with driving under the influence of alcohol cases. P J Voll has attended hundreds of hours of training in the administration and interpretation of the Standardized Field Sobriety Tests. He is also National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP) qualified as a Student AND Instructor in the administration and interpretation of the Standardized Field Sobriety Tests. Mr. Voll has also been qualified in the use and administration of the Alco Sensor IV preliminary breath testing device which is used throughout L.A. County in the prosecution of D.U.I. cases. Mr. Voll has also received training on the Draeger 7410 EPAS and 7110 MK IIIC breath testing instruments which are used throughout the Nation. But the most important and most telling fact regarding Mr. Voll’s ability as a winning criminal and DUI defense lawyer is that he has single handedly achieved over 100 case outright dismissals in a single one year period. If you can find another attorney who can honestly state that as I have documented on this website, then hire that attorney and not me.
- Proposition 64 Legal recreational marijuana use is no defense to driving under the influence of marijuana.
- If you take any information from this page of my website, please understand that the New laws does not give one the right to drive under the influence of marijuana charges. If you
are over the age of 21, you also have the legal right to drink alcohol! California Vehicle Code section 23152(e) applies to every drug, not just those that are illegal. If any drug impairs your ability to drive, it doesn't matter whether it was prescribed or not. If you cannot cautiously drive a vehicle because you are impaired due to marijuana consumption, then it is illegal to drive. Understand this.
- California Vehicle Code section 23152(e) Marijuana DUI and Related Offenses.
If one have been arrested for marijuana DUI under California Vehicle Code section 23152(e), one may be looking at additional crimes which might include:
Unlawful marijuana possession
- The accused is often charged with possession of marijuana (if one is in possession of over an ounce of marijuana) as well as with driving under the influence of marijuana.
Personal possession of less than an ounce (28.5 grams) of marijuana, or less than four grams of hashish (concentrated cannabis), is California legal under Proposition 64 for adults over the age of 21. However, possession in excess of an ounce of marijuana or more than 4 grams of hashish is a misdemeanor offense in California with penalties for possession of more than the legal amounts amounts of marijuana under Health & Safety Code section 11357 consist of no more than six months in local county jail and up to a $500 fine. Possession of marijuana is punishable by drug counseling usually in the form of Narcotics Anonymous classes and/or community service if you are under 18 and a fine not to exceed $100 dollars if one is 18 or older.
Possession of Marijuana for Sale
- If the arresting officer finds a large quantity of marijuana on you or in your vehicle when you are arrested for Vehicle Codes section 23152(e) DUI marijuana then you may be charged with Health & Safety Code section 11359 possession for sale of marijuana providing that other indicia of drug sales exists such as large quantities of cash, pay owe sheets, digital scales, baggies, etc ..
The Law Offices of P J Voll
Our phones are on 24/7/365. Call me anytime. And remember, our criminal defense attorneys have not and will not ever consist of former prosecutors and police officers. I chose sides a long time ago and no ex-cop or ex-prosecutor will ever work for the Law Offices of P J Voll. We are not hypocrites who once argued to a jury to send the accused to rot away in prison or County Jail and then now advertises for you to hire them because they had a change of heart and now desire your money. We are for real. We mean business. (323)467-6400 or (424)281-3020.