San Diego DUI Lawyers Blog
A La Jolla Boulevard accident, that occurred in August 2010, is being blamed on marijuana intoxication, according to 10news.com. Ronald Troyer, 66, was allegedly driving under the influence of marijuana when the car he was driving jumped the curb, drove onto the sidewalk hitting three teenagers, then came to rest inside the Cass Street Cafe & Bakery, where two adults were also injured.
Troyer seemed confused at the scene and he later tested positive for THC, the active ingredient in marijuana. He was arrested for driving under the influence of drugs causing great bodily injury, among other charges. He has two prior drunk driving charges on his record from 2005, and he faces approximately 12 years in prison if convicted for this incident.
Under Vehicle Code Section 23152(a), it is unlawful for any person who is under the influence of any drug to drive a vehicle.
The California Criminal Jury Instructions (CALCRIM), lay out what the prosecutor has to prove to the jury to get a conviction under this vehicle code section. The defendant must have driven a vehicle while under the influence of a drug.
Drunk driving cases based solely on drugs, not alcohol or a combination of drugs and alcohol, are often very hard for the prosecutor to prove. In fact, one of the hardest cases to prove impairment is a straight marijuana case because it is difficult to establish a relationship between the driver’s THC blood concentration and the impaired effects.
Testing positive for THC is not enough to show impairment. It only confirms that the driver injested marijuana prior to the test. Blood concentrations will vary depending on the pattern of use and the amount injested.
If you have been arrested and/or charged with a marijuana DUI in San Diego, you need to hire an exclusively DUI defense firm that will aggressively defend your case. For a free, confidential consultation, contact The Law Offices of Susan L. Hartman today at 619-260-1122 or use the “Contact Us” form on this page.