FORT COLLINS, Colo. – On November 20th, a case of marijuana-related DUI was concluded, resulting in a verdict of not guilty on the DUID (DRIVING UNDER THE INFULENCE OF DRUGS) charges. The defendant, left the courtroom with both his freedom and driving privileges intact, thanks, in no small part, to the masterful efforts of the attorney representing him. The details of the incident and trial are recorded below:
While out on routine patrol, the arresting officer noticed a car pulled off to the side of the road with its engine running. The officer pulled over to check out the situation. Once the driver (referred to hereafter as “the defendant”) had rolled down the window to speak with the officer, the officer noted an odor of marijuana in the car and on the defendant. Upon questioning, the defendant readily admitted to having recently used marijuana. As is procedure, the officer administered roadside sobriety maneuvers and arrested the defendant for Driving Under the Influence of Drugs (marijuana). Once in custody, a blood sample was taken from the defendant, which showed a blood THC level of 11 nanograms.
Once the case came to trial, the defendant’s attorney, Brad Allin, set out to prove that not only were the roadsides performed improperly, but also that the defendant was not, in fact intoxicated at the time of the incident. Based on the standards and procedures set forth in the NHTSA Training manual, the book used to train police officers on the proper administration of roadside sobriety testing, Allin established that the results of the sobriety test administered by the arresting officer did not warrant the conclusion that the defendant was effected by the use of the marijuana.
What is more, upon cross-examining the State’s expert witnesses, Allin and his team were able to convince the jury that 11 nanograms of THC in one’s bloodstream does not necessarily mean that an individual is too impaired to drive safely. Unlike alcohol, where studies have established that in many cases even low blood alcohol levels can affect the ability to drive safely, the affects of THC concentrations are highly variable between individuals. The testimony of the expert called by the defense and Allin’s argument convinced the jury to return a verdict of not guilty after less then five minutes of deliberation.
A week later, Brad Allin reports, the District Attorney’s office contacted him, and dropped another of his client’s DUID (marijuana) charges based on the evidence he presented on the Nov. 20th trial.
Allin has had decades of experience dealing with DUIs and other drug-related cases in Colorado. He advises any individual charged with a DUI, and especially a DUID (marijuana), to seek his advice. Even when the facts seem to be against you, as there are many points during the stop, arrest and testing process upon which a not guilty case can be built.
For more information please, contact the Law Office of Brad Allin at 970-493-7777 or visit us on the web at duifortcollins.com.
* Please note that past verdicts do not ensure future verdicts. All cases are reviewed individually and outcomes will vary.