I AM APPROVED BY THE STATE BAR OF CALIFORNIA TO TEACH OTHER LAWYERS HOW TO SPOT ISSUES ON A GAS CHROMATOGRAM IN A DUI CASE. If I handle your case I can promise 2 things, I am really really good at what I do, and I will work hard for you. My best day as an attorney happened when I had a profound impact on a client's life. Recently, I saved the job of a commercial truck driver. I kept his family from being put out on the street. Judge said I was one of the best DUI Lawyers he had seen in 30 years.   ONLINE REVIEWS    My name is David and when I got my 3rd DUI I hired Pat Silva to fight for me and he did! He got my 3rd DUI dropped, all I had to do was plead no contest to a few moving violations. I had a bac of .17 and he still got it dropped that's why I call him the specialist!


909-798-1500    

Patrick J. Silva DUI Defense Attorneys

DUI MARIJUANA
Since the passage of Proposition 215 we as DUI Lawyers have seen a rise in the prosecution of DUI Marijuana.




Impairment

There are 3 compounds in marijuana. Delta 9 THC , 11- Hydroxy, and 11-nor-9 Carboxy. Each derivative will give a numerical value when it is tested. However, the only value that is of consequence is the Delta 9 THC.  But it is noted that no matter what the THC value is there is NO correlation between that value and being impaired.  A DUI lawyer who regularly practices in DUI Marijuana defense will know, as I do, that the scientific articles do not support the government's case. 


Policy debates regarding marijuana-law reform invariably raise the issue of marijuana and driving. This is a valid concern. In fact,NORML's own "Principles of Responsible Cannabis Use" invoke a "no driving" clause, stating: "Although cannabis is said by most experts to be safer than alcohol and many prescription drugs with motorists, responsible cannabis consumers never operate motor vehicles in an impaired condition."

Nevertheless, concerns regarding doped driving should not be an impediment to 
marijuana-law reform. Alcohol is legal in America, yet every state maintains tough laws punishing those who choose to drive impaired by it. There is no reason why similar principles should not regulate cannabis consumption.

Moreover, emerging scientific research indicates that cannabis actually has far less impact on the psychomotor skills needed for driving than alcohol does, and is seldom a causal factor in automobile accidents. The following documents provide a comprehensive overview of the scientific evidence regarding marijuana's impact on psychomotor skills and driving. (from the NORML web site) 





SHOULD MARIJUANA HAVE A "PER SE" LIMIT SIMILAR TO ALCOHOL?





Acute Cannabis Intoxication May Be Associated With Changes In Psychomotor Performance

• Changes in performance are typically dose-related
• Changes in performance are most acute in naïve users
• Changes in performance are typically short-lived
– 70 percent of subjects manifest ‘significant’ psychomotor impairment 20-
40 minutes following cannabis inhalation; this percentage falls to 30
percent after 60 minutes (Berghaus et al., 1998 as cited by Gieringer)
– Peak acute effects following cannabis inhalation are typically obtained
within 10 to 30 minutes (NHTSA. 2004. Drugs and Human Performance
Facts Sheets)
– “Experimental research on the effects of cannabis … indicat[e] that any
effects ... dissipate quickly after one hour.” (NHTSA. 2003. State of
Knowledge of Drug-Impaired Driving: FINAL REPORT)
– “[T]he cannabis effect (on driving performance) tends to disappear after
the first 60 minutes of use.” (Pulido et al., 2011. Cannabis use and traffic
injuries.)





Acute Cannabis Intoxication May Be Associated With Changes In Psychomotor Performance

• Cannabis-influenced changes in performance are typically subtle (particularly when compared to those associated w/ alcohol)

– “THC’s adverse effects on driving performance appear relatively small.” (Robbe. 1993. Marijuana and actual driving performance: Final report for DOT)

– “[M]ost marijuana-intoxicated drivers show only modest impairments on actual road tests. … Although cognitive studies suggest that cannabis use may lead to unsafe driving, experimental studies have suggested that it can have the opposite effect.”

(Sewell et al., 2009. The effect of cannabis compared with alcohol on driving)

– “Performance as rated on the Driving Proficiency Scale did not differ between treatments (cannabis versus placebo). It was concluded that the effects of low doses of THC … on higher-level driving skills as measured in the present study are minimal.”
(Lamers et al., 2001.



Marijuana DUI
Success Stories


Kevin was charged with a 2nd time dui claiming he was under the influence of marijuana while still  on probation for his first dui. We fought the case all the way to trial and at trial readiness the DA dismissed the charges. Kevin ultimately pled to 2 traffic infractions.   This result was due to our ability to fight for our clients and Kevin's willingness and belief in his innocence.



 ANOTHER WIN!  May 2016: K.V.  was accused of DUI marijuana, accused of crashing his father's car on the freeway,  to being the driver, to recent marijuana use, accused of failing all of the FST, accused of having Clonazapan is his system, RESULT:   We took this case to trial and thru great effort we were able to convince 12 jurors that K.V. was NOT GUILTY