(720) 863-7755A woman accused of stoned driving in Colorado has recently been acquitted of DUI charges despite the fact that her THC levels were 19 nanograms, nearly four times the legal limit in the state (i.e., 5 nanograms).
According to court documents associated with this case, the 29-year-old woman was stopped by traffic officers back in June 2014 because her license plate tags were expired. The officer reportedly smelled marijuana when speaking to the woman. At that time, she informed the officer that she was a medical marijuana patient and that she was on her way to work at a medical marijuana dispensary.
The officer then reportedly administered a field sobriety test, which the woman failed, according to the officer. She was subsequently charged with a DUI.
The Stoned Driving Defense that Led to the DUI Acquittal
An experienced Boulder DUI attorney discusses the recent acquittal of a woman accused of stoned driving despite the fact her THC levels greatly exceeded the legal limits.
Although the woman in this case had reportedly been offered a plea deal, she refused the deal and saw her case through trail. “I knew I wasn’t guilty… I’ve been driving and I’ve had no issues,” the woman has explained in regards to her case.
She went on to explain that “5 nanograms is not logical; it’s not fair to medical [marijuana] patients.”
In fact, the woman is a medical marijuana patient because she reportedly lives with constant back pain. She moved to Colorado in order to legally obtain medical marijuana, and she has admitted to consuming marijuana on a daily basis to deal with her chronic pain issues.
While the defense presented these facts during the trial, they also pointed out that:
- The “failure” on the field sobriety test was not an accurate assessment of impairment, as a sober person could have just as easily “failed” the test according to how it was performed and evaluated by the officer.
- The woman was not impaired when she had been stopped, as she had not been driving recklessly or breaking any traffic laws.
Ultimately, the Jefferson County jury that heard this case agreed and acquitted the woman of the DUI charges.
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