Driving under the influence | marijuana DUI lawyer

A Douglasville lawyer knows that driving under the influence of the contraband substance pursuant to OCGA 40-6-391(a)(6) has several different elements. Subsec. 6 provides that any person driving or in actual physical control of a motor vehicle is any amount of marijuana or controlled substance or derivative or metabolite, i.e. a byproduct created by the bodies elimination the contraband substance in the blood is guilty of DUI drugs per se. It seems clear that the mere presence of a prescription drug in the driver's bloodstream where the person does not have a prescription in his or her name will constitute a violation of this provision. Love v. State 271 Ga. 398 as put OCGA 40-6-391(a)(6) on hold. Love held that OCGA 40-6-391(a)(6) (DUI by driving with the mere presence of a drug, without need of proof of impairment) was too broadly drawn, so as to proscribe both legal users and illegal users of marijuana. Love v. State 271 Ga. 398 1999, does not defeat a conviction for reckless driving or for vehicular homicide with the predicate series driving offense being reckless driving. This is despite the reckless conduct being that the driver operated the car after having ingested marijuana. Ayres v. State, 272 Ga. 733 (2000). Hence no inferences presently exist whereby the prosecutor can convict with expert testimony to interpret how a certain quality of nanograms of a drug equal impairment. Kerr v. State 205 Ga. App. 624, 1992. If you are charged with driving under the influence of marijuana contact a Douglasville Georgia DUI lawyer.