Marijuana DUI in Anaheim
While in the city of Anaheim, driving under the influence of marijuana (DUI Marijuana), is an offense according to California Vehicle Code 23152(e) .
Even though Proposition 64 has made it legal to use marijuana recreationally in the state of California, driving while under the influence of marijuana is illegal.Punishment and defense for Marijuana DUI
Penalties for Marijuana DUI are similar to penalties for other DUI charges . Like other DUI charges, DUI Marijuana charges tend to escalate if a person has prior charges and a past criminal history. Additionally, the severity of the case will also play a part in the punishment given by the judge. If you are on probation or parole, you are likely to see an increase in the penalty you face.
If you are arrested for DUI marijuana, it is a good idea to find an experienced DUI attorney to represent you. Some of the legal defenses that the attorney will explore include:
- You did not use marijuana
- You were not driving the vehicle
- You had used marijuana many hours before you were arrested and you were no longer under the influence while you drove
- Your tolerance for marijuana is high and your mental and physical faculties were not impaired
A good attorney will also explore whether the evidence used to make the arrest was legally and properly acquired. Your attorney may question:
- The officer's assessment of your driving pattern and other statements that the officer makes
- The procedure and validity used to acquire the field sobriety tests and the preliminary alcohol screening test and
- Evidence presented by the prosecution that you are addicted to marijuana.
In order to mount a strong defense, it is important to call the Johnson Criminal Law Group as soon as possible.