kiel85

Jan 17, 20193 min

Marijuana and Operating Under the Influence

Marijuana is a hot topic in the news these days. With more marijuana
 
stores being approved to open and the legalization of marijuana there seems to
 
be a new focus upon marijuana. And with this increased focus by the general
 
public, there is also an increased focus by police and the courts. And one of
 
the biggest areas of focus is how police and courts are going to deal with
 
potential operating under the influence charges and marijuana use.

Just recently the Massachusetts Supreme Judicial Court made
 
its thoughts known concerning the effects of marijuana and other drugs on
 
drivers. The SJC held that people can now be arrested on drugged driving
 
charges based solely on the observations of a police officer. The court ruled
 
that if based on observation, there are clear signs of impairment to the driver
 
and the car smells like pot, police have the right to place the driver under
 
arrest. To clarify the ruling the SJC focused on the fact that there is no
 
breathalyzer exam for drugged driving, and therefore officers must use their
 
best judgment when deciding whether a driver was impaired while smoking marijuana.
 

Currently the Commonwealth of Massachusetts has certain officers
 
and troopers trained in drug recognition. These individuals are known as Drug
 
Recognition Experts or DREs. They have been provided additional training to
 
conduct certain sobriety testing to determine whether an individual may be
 
under the influence of drugs. The position is essentially a specially trained
 
officer equipped with extra impairment training and knowledge of different
 
drugs and their effects on the human body.

In most circumstances concerning an OUI-Drug charge, a
 
driver will be pulled over by a police officer. The officer will make a
 
determination that the driver is driving impaired due to marijuana or drugs.
 
The driver will be charged with an OUI-Drugs, which encompasses everything from
 
marijuana to fentanyl. The officer will
 
then call a DRE to come to the station to make an assessment. The DRE will ask
 
the driver whether he will consent to an optional 12 step assessment, which
 
will focus upon whether the DRE determines the individual was in fact impaired
 
based upon the DRE’s training. The assessment includes testing to determine the
 
body’s reaction to certain stimuli and a request that the driver provide a urine
 
sample to be tested. The DRE will then make a recommendation to the police
 
officers at the station and will draft a report to be provided to the District
 
Attorney’s office.

LAKE SHORE LEGAL

If you have been arrested and charged with OUI-Drugs contact Lake Shore Legal. With an increased focus by police on marijuana use, the amount of these charges is certainly about to increase. Our attorneys understand how to attack the DRE assessments and findings, as a DRE is not a medical professional. Accuracy of a DRE assessment has not been scientifically studied, and therefore is ripe for challenge. Additionally, OUI-Drug charges are routinely based upon circumstantial evidence. Prosecutors currently must prove their case beyond a reasonable doubt based upon a police officer’s observations and potentially the DRE assessment. There is no BAC level for a prosecutor to argue in front of a judge or jury. If you or someone you know has been charged with OUI contact Lake Shore Legal today. (508) 943-7800; info@lakeshorelegalsolutions.com

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