The medical marijuana laws in Georgia have made tremendous steps in the recent years. The possibility of legally possessing Low-THC Medical Oil (up to 5% THC by weight) is a life-changing development to thousands of patients with the qualifying conditions. Many cardholders feel that they are completely covered when they are given their Low-THC Oil Registry Card.
The reality is there is a dangerous and underground conflict between having this legal medical card and driving a vehicle. Georgia State Highway Patrol (GSP) and local police flak on DUI-Drugs, and a medical card does not provide any defense against impairment.
In the event that you are a registered user of Low-THC oil and are caught driving under the influence of marijuana, then you are required to get an experienced Atlanta DUI Lawyer at your side. It is one of the most complicated, fast-developing fields of Georgia legislation, and a misconception can result in a conviction.
The Mythical Medical Defense and the Per se DUI.
The main myth that the cardholders do not realize is that their registry card gives them a free ticket to drive with THC in their system. It does not.
According to the law on DUI in Georgia (O.C.G.A. SS 40-6-391), it is unlawful to operate a vehicle under the influence of any substance, including both legal prescription drugs and lawfully obtained Low-THC oil, which will put your life in danger on the road. A legal limit of THC impairment does not exist as there is a limit of 0.08 percent alcohol impairment. The prosecution would just need to demonstrate that you were under the influence of the substance and thus, your driving capability was affected.
Let a GSP trooper stop you and he finds your card or you tell him that you use Low-THC oil, that information, together with subjective observations of the officer can be enough to get you an arrest. An Atlanta DUI Attorney will have to fight against the supposition that possession is impairment.
The Biased Character of the Sobriety Test on the Road.
What does law enforcement show a driver is less safe because of marijuana? They nearly all depend on extremely subjective Standardized Field Sobriety Tests (SFSTs). The tests, namely the walk-and-turn and the one-leg stand were deliberately made and proven to identify alcohol impairment rather than to identify marijuana impairment.
Moreover, there are no definite uniform effects on the body of marijuana as compared to alcohol, and it is therefore not possible to make specific observations and conclusions on active impairment such as bloodshot, watery eyes or slow reaction time when determining the active impairment in persons who may be under the constant care of the oil as a pain or a neurological medication.
Troopers can request the services of a Drug Recognition Expert (DRE)- an officer, who has received special training on drug impairment identification- even DRE tests have been subjected to fierce legal criticism. An effective DUI Lawyer Atlanta understands how to impeach these cops and point out the logical fallacies of their subjective evaluations, and point out that clinical indications of medical use may not necessarily reflect legal incompetence on the road.
Protecting the Rights of Medical Patients.
In the case of DUI-Drugs, the relationship changes to focus on the point that since you are using medicine legally, it does not criminalize your daily activities. We artificially subject to examination each of the elements of the interaction:
Were there reasonable, articulable suspensions that led to the first stop on the part of the trooper?
Did any SFSTs or DRE testing go through on the record and in a fair manner?
Was your blood or urine test of chemicals voluntary?
Did the trooper have probable cause to arrest you prior to the request of the chemical test?
Such technical defenses are essential since a blood test, which can be ordered after you are arrested, can indicate the existence of the metabolites of THC (inactive substances that can be detected in the body in weeks) but not active THC. This fact should be vehemently refuted in court.
Shield Your Position and Your History.
DUI-Drugs has the identical harsh punishment as alcohol DUI such as mandatory license suspension, high fines, jail, and permanent criminal record. On top of the legal implications, conviction may bring about a risk to your continued medical patient status within the registry.
Attorney James Yeargan is aware of the massive pressure which is caused to medical patients that are charged because of the healthcare they have received legally. A general practitioner or a public defender would not be able to guide you through this complex and niche field of the law. In case you are a Low-THC registry card user and are arrested with DUI, act now. The only option to establish a stiff defense that justifies your patient rights and gives passionate defense to your future is to engage a special DUI Attorney Atlanta.