Our Upland DUI criminal defense attorneys hardly ever encounter a media report of a DUI arrest that is just for driving under the influence of drugs, rather than a mixture of drugs and alcohol or alcohol only. That's why we were interested to see a short report on a marijuana-only DUI in the Kern County town of Maricopa. According to BakersfieldNow.com, a site maintained by news stations KBAK and KBFX, Michael James Kohlman and his wife, Jessica Anne Kohlman, were arrested on the morning of Nov. 16 after police found marijuana and a handgun in their car. The couple had their 18-month-old son in the vehicle, but the child's name was not given. The Kohlmans were both charged with marijuana possession and child abuse.
According to the article, Michael Kohlman was originally pulled over because a police officer spotted a crack in his vehicle's windshield. When the officers started speaking to the family, they noticed a strong smell of marijuana coming from the vehicle. They then searched the car and found marijuana, which Michael Kohlman said was for personal use. The officers also found a loaded semi-automatic handgun under the front seat. It was not clear how the officers determined that Kohlman was stoned, but they charged him with driving under the influence as well as the marijuana possession and child abuse charges. He also faces a charge for possession of a loaded, concealed firearm in a vehicle. The article did not say what happened to the couple's son after the arrest.
As Perris intoxicated driving criminal defense lawyers, we see several ways to challenge this DUI arrest. They start with the original traffic stop, which was reportedly because the vehicle's windshield had a crack. This is not a crime in California and is not usually a safety hazard, so it sounds a lot like an excuse. An experienced defense attorney handling this case should certainly investigate whether the traffic stop was illegal, which would give the Kohlmans a chance to argue that all of the evidence it produced is tainted and should be thrown out of court. The article also doesn't explain how officers knew Michael Kohlman was driving stoned. Unless they saw him smoking marijuana, the only way to prove this would be through a blood test. And as we've written here before, there's no strict standard for what level of a drug cases impairment, allowing us to challenge blood test readings in drug DUIs.
Howard Law, P.C. represents people who are accused of driving under the influence of alcohol or drugs in California. Intoxicated driving charges are serious in California, even when there was no accident, no injury and no other criminal charge. A conviction for a first DUI means loss of your driver's license, probation or jail, thousands of dollars in fines and an instant, steep increase in your auto insurance rates. These penalties can have serious consequences for the life of the accused -- loss of a driver's license alone can get some people fired or into serious trouble at work because of difficulty getting there on time. Our Leucadia drunk driving criminal defense attorneys can defend your license and your clean criminal record, but to be most effective, we prefer to take cases as early as possible. Even if you think the evidence against you is strong, don't hesitate to call us for help.
If you're accused of driving under the influence of drugs or alcohol and you'd like to fight it, Howard Law, P.C. can help. To learn more or set up a free consultation, call us today at 1-800-872-5925 or send us an email.
