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“When Your Clocked At 420”… As in a San Diego Marijuana DUI

On Behalf of | Mar 21, 2014 | Firm News |

The Law Office of Mark Deniz has the privilege of enlisting some of the best young legal minds in San Diego. One of these persons is George Konugres. George is a third year law student at Cal Western SOL. He has an extremely impressive resume and has an intense desire to help people. He was invited to write on subjects that he comes across while working with the firm. In just this past week George 2nd chair a trial of ours in El Cajon as well as participated in a Felony Preliminary hearing.

Today, he is writing about Marijuana San Diego DUIs

“When Your Clocked At 420”… As in a San Diego DUI

by George Konugres

Law Offices of Mark Deniz San Diego Dui

Per the California Vehicle Code 23152(e) driving under the influence of marijuana is a criminal violation. To prove a San Diego Dui marijuana, the people must show 1) You were driving or drove the vehicle 2) That your mental abilities were so impaired by marijuana that you were unable to drive with the caution of a sober person, using ordinary care, under similar circumstances.

Proving San Diego Dui marijuana is difficult. The most common arguments are that the driver was not “per se” impaired and even though chemical test shows presence of marijuana the drive was not intoxicated at the time.

As to the first point, the drive was not impaired per se. In a San Diego DUI alcohol, impairment can be presumed from a blood alcohol level of .08% or greater. Another wards, when someone’s blood alcohol level in San Diego DUI is .08% or great, there is scientific evidence indicating the level of impairment. Marijuana consumption cannot be quantified like blood alcohol levels. There is no way to prove the amount of marijuana consumed and when it was consumed. This makes it hard to charge a San Diego DUI marijuana and one reason you should fight a San Diego DUI marijuana.

As too point two, even though marijuana is present in ones system it does not mean they are impaired. Urine tests are usually given to detect tetrahydrocannabinol (THC) the mind-altering ingredient present in marijuana. However, a positive urine test only shows that marijuana has been in the system. It cannot indicate when it was in the system, how much was in the system, or the level of impairment. So, you may have smoked marijuana 2 days ago but the urine test performed after a San Diego DUI marijuana will indicate the presence of THC even days after consumption. The more frequent a user the longer the marijuana stays in the system.

It is hard to be convicted of San Diego DUI marijuana. Therefor you should not plead or accept a charge of San Diego DUI marijuana. Call the Law Offices of Mark Deniz if you have been charge with a San Diego Dui marijuana.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected]

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