Month: December 2017

Medical Marijuana Close Up Cannabis Buds With Doctors Prescription For Weed

How a Ruling in Arizona Could Impact Medical Marijuana DUIs in Pennsylvania

A recent ruling in Arizona could impact the way that marijuana DUI cases are handled in Pennsylvania and throughout the country. According to the State Court of Appeals, a person who uses medical marijuana cannot be convicted of driving while impaired if there is no proof that the driver was, in fact, impaired.

It is thought to be a setback for prosecutors in the state where there is no law that determines just how much THC a person must have in their system to be considered impaired. An appellate judge, Diane Johnsen, wrote in her opinion, “And, according to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being.” In other words, there is no set level at which every person is too impaired by marijuana to drive a vehicle.

Previous Rulings in Arizona

In 2010, voters in Arizona approved a legislation that a legal user of marijuana could not be excused from driving under the influence simply because they hold a prescription for the drug.Read More

Handing over the keys to a used car

Can Police Give Me a DUI If I’m In My Driveway?

You’ve been out for a night on the town. You made the decision to drive yourself home. You’ve made it to your driveway and see a police car blocking your way out with its lights flashing. Your stomach drops but then you remember… you’re at home. There’s no way you can be in trouble now. Or can you?

Many people are under the mistaken belief that they can’t be charged for driving under the influence when they are in their own driveways. That may not necessarily be the case. Even if you are on your own property, you may be charged with driving under the influence. Let’s take a look at a recent case that made its way to the Michigan Supreme Court.

The Definition of “Driveway”

In this case, a man in Michigan was charged with driving under the influence after an officer, responding to a noise complaint, saw the man back out of his garage and then back in once he noticed the officer.Read More

Yellow Warning DUI Checkpoint Highway Road Sign

Is It Legal to Avoid a DUI Checkpoint?

You have gone out on the town, whether it was to a friend’s house or the local bar, and you are on your way home. You see signs and flashing lights and wonder what in the world could be going on. As you get closer, your stomach drops and you begin looking for any opportunity to turn around. You’ve run smack into a DUI checkpoint. What are your options?

Many people believe that they are required to move through the checkpoint simply because it is in place. The truth is that you are not legally required to travel through the checkpoint. Here’s what you need to know.

Turning Around

Once you’ve spotted the DUI checkpoint, you can certainly turn around to avoid it if it is safe to do so. Keep in mind, however, that police are used to people doing this. If you turn down a side street or even make a legal U-turn, you could get home without incident.Read More

Man hand drinking beer and holding car keys

How DUI Convictions Travel from State to State

So maybe you’re driving through another state for your holiday vacation and make a couple of choices you maybe shouldn’t have. As a result of those choices, you find yourself pulled over and arrested for driving under the influence. No big deal, right? After all, once you handle your business in that state, you are going home to live your life.

Not so fast.

People who get caught driving impaired in one state may not get off as easy as they think. The truth of the matter is that you may be dealing with not only the consequences in the state in which you were arrested, but in the state you live in as well. The reason for this sort of “double” punishment is what is known as consortium.

What Information Is Shared?

Most of the 50 states are part of a DUI information consortium. The good news is that while these states share information, the only information shared is of convictions, not arrests.Read More