Tucson Criminal Defense Lawyer James Nesci of Nesci & St. Louis, PLLC recently offered insight on Arizona DUI laws and the Arizona Medical Marijuana Act.
Tucson DUI Lawyer James Nesci
Tucson DUI Lawyer James Nesci says, "It’s time to scrap the DUI laws in their entirety and rewrite them with an eye toward simplicity and justice."
Tucson, AZ (PRWEB)
According to Tucson DUI Lawyer James Nesci,
across the country, the courts have to deal with new and different
issues regarding drug possession and use. Years ago it was simple:
possession and use of certain drugs was illegal. But now that we have
recreational marijuana and medical marijuana, the legal landscape has
become more complicated.
Nesci says that DUI laws are no exception to
the increasing complexity. Driving under the influence of drugs was
always an afterthought to driving under the influence of alcohol laws,
which is why most DUI/Drugs laws conflict with other laws and common
sense. For example, in Arizona it is illegal to drive while any drug or
its metabolite listed in A.R.S. 13-3401 is present in your body. A.R.S.
13-3401 includes testosterone. That’s because the Arizona Legislature
was too lazy and/or uninformed to do the research that was necessary to
craft meaningful laws. They simply referred to the A.R.S. 13-3401, which
defines drugs and said “that’s good enough.”
Nesci explains that in Arizona, the AMMA
(Arizona Medical Marijuana Act) allows certain people to possess and use
specified quantities of marijuana. But medical marijuana cardholders
are not insulated from DUI charges as are other people using
prescription medications. That’s because you cannot have a prescription
for medical marijuana—you can only have a doctor’s recommendation. Thus,
cardholders were faced with the choice: stop using medical marijuana or
stop driving.
Then, on November 20th, 2015, the Arizona
Supreme Court handed down the decision in Dobson v. McClennan (No.
CV-14-0313-PR) which says that if you are a cardholder and you are
charged with DUI A.R.S. 28-1381(A)(1) and DUI A.R.S. 28-1381(A)(3), you
now have a defense.
A.R.S. 28-1381(A)(1) makes it illegal to drive
while under the influence of alcohol or drugs if you are impaired to
the slightest degree by use of the alcohol or drugs.
A.R.S. 28-1381(A)(3) makes it illegal to drive with the active ingredient of marijuana in your body, no matter the amount.
The Arizona Supreme Court wrote: “We today
hold that the AMMA does not immunize a medical marijuana cardholder from
prosecution under § 28-1381(A)(3), but instead affords an affirmative
defense if the cardholder shows that the marijuana or its metabolite was
in a concentration insufficient to cause impairment.”
Nesci says, in other words, if you are charged
with the (A)(3) charge, and the State proves that you were driving with
THC in your system, if you can show some credible evidence that it was
too little to cause impairment, the State must then show by proof beyond
a reasonable doubt that it did cause impairment—which is the same thing
as the (A)(1) charge.
He further explains, with so little literature
as to what amount causes impairment, and with no real definition of
“impairment,” these cases have become the most complex that can be
tried. Additionally, each trial judge will have to determine what “some
credible evidence” actually means. Every defendant will be at the mercy
of the judge’s predilections. Is the judge pro-marijuana-use or
hard-core anti-drug? Will the underlying medical condition of the
defendant be mistaken for impairment? Will people be acquitted of the
(A)(3) charge, but convicted of the (A)(1) charges because the jury did
not understand what they were supposed to do?
Nesci says that it’s time to scrap the DUI laws in their entirety and rewrite them with an eye toward simplicity and justice.
James Nesci
is a partner at the premier law firm in Arizona for DUI Defense, Nesci
& St. Louis, PLLC. He obtained his J.D. from The University of
Arizona College of Law. Nesci has been recognized as one of the “Best
Lawyers in America” by Woodward/White. He is also rated AV Preeminent
by Martindale-Hubbell, the highest attainable rating an attorney can
achieve.
Nesci's publications include: " Nesci's
Arizona DUI Defense, The Law and Practice, 4th Edition," "Arizona DUI
Defense: The Law & Practice, Third Edition," "MedicoLegal Aspects of
Alcohol," and "How to Beat a DUI.” For over 15 years, Nesci has been
Sustaining Member of The National College for DUI Defense and also
serves on the college's Board of Regents.
About Nesci & St. Louis, PLLC:
The law firm of Nesci & St. Louis, PLLC
is located in Tucson, Arizona. The firm exclusively handles criminal
law cases including those pertaining to: DUI's, drug offenses,
aggravated assault, domestic violence, armed robbery, felony theft, and
homicide.
The Arizona criminal defense law firm
represents clients located in Maricopa, Cochise, Graham, Pima, Pinal,
Santa Cruz, and Yuma counties.
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