As Fallbrook DUI drug lawyers, we were interested to see a recent article about a DUI case involving marijuana and methamphetamine as well as alcohol. The San Diego Union-Tribune reported Oct. 27 on a guilty plea by a man who drove the wrong way on a divided highway, causing a police chase that ended in the death of a sheriff's deputy. Jose Pedro Lopez Jasso, 23, faces sentencing for charges including gross vehicular manslaughter while driving under the influence, DUI causing injury, driving the wrong way on a divided highway and making a weapon while in jail. The CW news reported that Lopez had a blood-alcohol content of 0.11 two hours after the crash, and a blood test showed significant amounts of marijuana as well as meth.
Lopez, a Mexican citizen, had been drinking in Oceanside on Feb. 28 before driving onto state route 52, a divided highway connecting La Jolla, Santee and state route 125. Somehow, Lopez got onto the highway driving east in the westbound lanes, attracting the attention of deputy Ken Collier. Collier turned his patrol car around and followed Lopez, but drove in a breakdown lane in order to avoid smashing into oncoming traffic. Unfortunately, Collier hit a bridge abutment in that lane. His vehicle caught fire and fell into a ravine. Collier died and a passenger survived with injuries. Lopez was arrested on the highway on the same day. The charge of making a weapon in jail stems from his later actions while being held in county jail. He faces 11 to 12 years in prison at his January sentencing.
Because Lopez had alcohol in his system as well, this is not a case that could be defended on the basis of the drug charges alone. But as San Juan Capistrano intoxicated driving attorneys, we'd like to focus on the drug parts of the charge. In California, a blood test showing any amount of an illegal drug, or a legal prescription drug that should not be used while driving, can lead to an intoxicated driving charge. That sounds like a bad thing for defendants -- but in fact, it means there's no legal standard for determining whether the driver is actually impaired. In the case of marijuana, scientists do not agree on how much impairs driving or how long before the effects wear off. Depending on the test, tests can also give false positives by showing cannabis-related chemicals in the blood from marijuana smoked up to a month earlier. This makes the prosecution's case harder to prove and could even exonerate some defendants.
The best way to avoid a DUI charge is to avoid driving under the influence. But if you are charged with drunk driving or driving under the influence of drugs, you should call Howard Law, P.C. right away. We defend all types of intoxicated driving charge, including charges stemming from street drugs and prescription drug use as well as alcohol. Our Lake Elsinore drugged driving criminal defense lawyers have particular experience with marijuana DUIs and with marijuana use in general, thanks to our related practices in drug crime defense and defending the rights of medical marijuana dispensaries and patients. Evidence and defense strategies between alcohol and marijuana charges may differ, but the process is the same -- and we are well versed in what it takes to defend the criminal charges as well as the related but separate administrative hearing on driver's license revocation.
If you're charged with driving under the influence of marijuana, alcohol or any other drug, don't wait before you call Howard Law, P.C. for help. To set up a free evaluation of your case or learn more about our experience, contact us through the Internet or call 1-800-872-5925.
