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DWI Roadblock, OUI Marijuana, Urine Testing…

Client drives into a DWI Sobriety Checkpoint and the screening officer immediately detects the strong odor of marijuana coming from the car.  According to the officer, client’s eyes were extremely red, and he was slow and lethargic when responding to the officer’s questions.  Client admits to having recently smoked marijuana and he is then put through the same Standardized Field Sobriety Tests normally used to predict impairment by alcohol.  Following his arrest, client agrees to provide a urine sample that was then sent to the state lab for testing.  At trial, the defense demonstrates that FSTs have never been validated as reliable indicators of impairment from marijuana.  In addition, the defense demonstrated that the lab test results, which showed only the presence of marijuana in the system, was insufficient evidence of impairment by the drug.   VERDICT: NOT GUILTY.

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