Have you Been Accused of a Marijuana DUI?

Although medical marijuana is now legal in California, it’s still illegal to drive under the influence of any drug or alcohol. For alcohol cases, this is usually a simple question. A person is either over the legal limit of a .08, or they’re not. Although a person can be charged when alcohol influences their ability to drive when they’re under a .08 blood alcohol content, this rarely happens.

No legal limit for Marijuana

For marijuana DUI, the line isn’t so bright. The State of California doesn’t have a legal limit for marijuana. They also don’t have a way to test a person’s marijuana levels on the side of the road.

Alcohol is measurable in a person’s breath, so law enforcement can test a person’s alcohol levels using a breathalyzer test. However, marijuana doesn’t appear in the breath, so law enforcement has no way to test your marijuana levels without drawing your blood. For now, a marijuana DUI is hard to detect, and it’s even harder for law enforcement to prove your guilt to the satisfaction of a jury.

Promising New Research

Researchers in California are working on trying to establish a legal limit for driving under the influence of marijuana. To do this, they’re having volunteers smoke marijuana and then use a driving simulator. They’re testing the participants at different strengths of marijuana use and at different intervals between smoking and driving. They’re also having participants take other cognitive tests to determine their ability to think and reason after smoking.

As marijuana use continues to grow, this research becomes more important than ever. Early research shows that drivers aren’t much more likely to be in an accident if they have only moderate levels of marijuana in their system. Ultimately, researchers hope to establish a legal limit for marijuana DUI. They hope that this legal limit, in turn, helps law enforcement create new techniques for detecting drugged driving and fairly enforcing California laws.

We Can Help

If you’re facing a marijuana DUI, the Law Office of Louis J. Goodman can help. Their team of legal professionals has years of experience helping clients navigate California’s complex and changing marijuana and drunk driving laws. If you’re facing any kind of marijuana or drunk driving charge, you should contact our office as soon as possible. The Law Office of Louis J. Goodman can help you protect your rights and defend yourself to the fullest extent of the law.

Comments Off on Have you Been Accused of a Marijuana DUI?

Federal Charges for Online Offenses

federal charges for online crimes is a reality. here is an image that depicts a hacker.Many people do not realize that the Internet is a public place and every transaction that takes place has a backlink thread. In many situations communications are transmitted from one state to another or from one nation to another, making any criminal activity committed online a federal offense. In addition, the federal statutes specifically describe certain activity that is unlawful and federal law will be used to prosecute the case. This can be a real problem for those who are accused because federal offenses are much more serious than typical in-state offenses. Sentencing guidelines for federal crimes are very strict and harsher than state sentencing. That is why it is vital for anyone facing federal charges for online offenses to retain an aggressive criminal defense attorney who understands how federal charges are prosecuted.

Pretrial Hearing

When a defendant is arraigned on federal charges for online offenses the judge will assess bond arrangements, just as in a state case. In many instances, the arraignment also becomes the pretrial detention hearing as well, but the criminal defense attorney can request a continuance. This is usually no more than five days. The pretrial hearing will consist of the U.S. Attorney submitting the articles of evidence against the defendant, often with a federal agent present for cross-examination by the criminal defense attorney. This serves the same purpose as discovery in a state case, and it is normally the only chance at questioning an agent for the defending counsel before the actual trial. The actual trial will be scheduled by the judge at the end of the pretrial hearing.

Burden of Proof

The burden of proof in a case for federal charges for online offenses is the same as other cases, as the federal government must prove beyond a reasonable doubt the crime was committed. A defendant can also be responsible for paying restitution and damages for any funds that have been stolen by illegal transfer or identity theft, but these cases are proven by a preponderance of the evidence, which is a much lower standard. Even if a defendant does escape a conviction for federal charges for online offenses, the defendant can still be sued for compensatory or punitive damages, depending on the nature of the charges.

Federal defendants should have an attorney when being prosecuted because all federal charges normally carry significant jail time. A convicted defendant must also serve 80% of any federal sentencing term, so it is never a good decision to settle for a public defender. Always choose an experienced federal case attorney like legal professional Louis J. Goodman who understands how to craft a solid defense against the U.S. Justice Department.

Comments Off on Federal Charges for Online Offenses

Tiger Woods Facing DUI Charges

Word is that police arrested Tiger Woods for suspected DUI. News reports say that police smelled a strong odor of alcohol. The police say that Mr. Woods refused a chemical test and was “arrogant.” Tiger says he fell asleep because of prescription drugs he took for back pain.

As with most criminal incidents, there is a difference of opinion as to the facts and as to those facts ought to be viewed. I would respectfully note that there were also allegations of drug/alcohol use in the incident a few years ago when Tiger crashed his SUV into a fire hydrant and his then wife came out swinging with a golf club. There was no arrest in that circumstance but it led to a heap of family law trouble. Entire blog →

Comments Off on Tiger Woods Facing DUI Charges

Arrested During Spring Break?

Spring break is a time to forget about school and enjoy being with friends and family. That fun can sometimes get a little too wild with you doing things that might end up with you being arrested. Each state has its own regulations about what you can and can’t do at local beaches or in state parks, but for the most part, there are a few common things that people do to get arrested during spring break. Entire blog →

Comments Off on Arrested During Spring Break?

When do you need an attorney?

Attorney Louis J. Goodman, answers the question, “When do you need an attorney?” Watch as he sheds light on this question.

Comments Off on When do you need an attorney?