Arizona Marijuana Lawyer
Shawn H. Dove of Dove Law Firm, PLLC
Marijuana defense attorney, Shawn Dove, is an experienced Marijuana DUI lawyer that will help those charged with a DUI in Arizona. Attorney Dove fights for his clients and helps them resolve their DUI cases in Superior, City and Justice courts. Dove Law Firm offers free consultations over the phone or in person for those that have been charged with a drug DUI. You will meet with an attorney, not a paralegal or salesman. An attorney will answer any questions that you have and throughout the process.
Marijuana and Driving Under the Influence
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Arizona Law does not allow any driver of a motor vehicle to drive under the influence of any illegal drug. The Arizona Medical Marijuana Act or (AMMA), passed in 2010, allows those with a medical marijuana card to possess and use marijuana. However, like the use of alcohol or even a legally prescribed drug, an Arizona driver cannot operate a vehicle while impaired. If an Arizona driver uses cannabis they cannot drive with an active metabolite of Tetrahydrocannabinol, or as most know it, THC.
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Experienced Cannabis DUI Lawyer In Arizona
As a local Arizona marijuana lawyer, Shawn Dove is committed to providing top-rated Arizona criminal defense services for those facing cannabis related charges. Dove Law Firm, a five star reviewed commercial and civil litigation lawyer in Arizona, is also a trusted Mesa DUI attorney that can help defend your rights when you are caught driving under the influence of marijuana. This is a serious offense that can have life altering consequences, and our AZ DUI attorneys can help mitigate these charges and protect your freedom. Contact our personal injury and criminal defense lawyers in Arizona to find out more.
I used dove law for an offense last year. Easy to work with, knowledgeable, and took out the pain of going through the attorney and court process. He is the real deal. Recommend him to family and friends ever in need with his services.
Shawn is a great attorney, absolutely wonderful!!! Any questions I had he answered and always gave me the best advice! Was always on time with everything! Hands down the best attorney! Would definitely recommend him!!!
I recently went through a divorce and Shawn was very helpful through this complicated and stressful period in my life. He was very knowledgeable and was always willing to listen and answer my questions in a very timely and professional manner. I really felt like he was on my side and wanted the best for my situation. I highly recommend Shawn Dove to anyone seeking quality legal help, Shawn was great to work with.
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Marijuana DUI Charges Are Normally Charged as Two Charges
If you have been charged with a marijuana DUI, then you likely have been given a citation or charge sheet. That paperwork will contain the following charges along with possible others:
1. Impairment to the Slightest Degree under A.R.S. §1381(A)(1)
Under this law, it is illegal to drive while impaired by any drug or alcohol, which includes marijuana.
2. Driving with an Illegal Drug in the Body under A.R.S. §1381(A)(3)
This law states that it is illegal to drive with marijuana or any illegal drug in the body. Unfortunately, this law is a “strict liability” crime, which means that it does not matter whether the marijuana impaired the driver. The State only needs to prove that marijuana or another illegal drug was in the blood while the user was operating a motor vehicle within Arizona.
How Does the Government Prove Their Case of Impairment?
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After the initial stop by a police officer, how can they determine whether the driver has been affected by alcohol or marijuana? Impairment by Alcohol can be detected by Blood/Breath Alcohol Content, BAC. This is accomplished by testing the blood or breath through a state regulated agency. Breath machines used by most departments are the Intoxilyzer 5000, 8000 or 9000. BAC can be directly correlated with impairment by State experts. However, with cannabis, the officer does not have a test like the BAC instruments. Officers can take a quick class to become a Drug Recognition Expert, which certifies them in detecting drug impairment. The DRE officer will test individuals suspected of using marijuana and driving. The DRE officer will place the suspected impaired driver through DUI testing or field sobriety tests, to evaluate impairment. Often, these FST’s are even difficult to complete while sober.
The science of determining levels of marijuana in the body, specifically THC or the psychoactive product of cannabis, has been improving with technology advancements throughout the past decade. By taking a vile of blood, the labs can compute the exact levels of active metabolite THC within the body at the time of the blood draw. Active metabolites in the body will affect motor skills, reaction time and brain activity.
11-hydroxy THC is the metabolite that impairs the brain. After some time, it is then broken down into 11 or 9 carboxy THC, which does not impair body function. The 2014 ruling in an Arizona Supreme Court case, State ex rel. Montgomery v. Shilgevorkyan, states that an individual cannot be prosecuted for having carboxy metabolite in their body if that person possesses a medical marijuana card.
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Best Defenses in Marijuana DUI Cases
The Arizona Medical Marijuana Act (AMMA), which is operated by the Arizona Department of Health Services, allows the public that qualify through a medical professional to possess and use cannabis. A patient that qualifies will be issued an Arizona Medical Marijuana Registry ID Card. In Arizona, a medical marijuana card is only an affirmative defense to one of the marijuana DUI charges.
The medical marijuana card will provide an affirmative defense to the accused driver under A.R.S. §1381 (A)(3). This enables the accused to argue that they did not have an illegal drug in their system at the time of driving. Arizona law allows a card holder to have active, therapeutic levels of cannabis in their blood while driving.
However, the Defendant still needs to prove that they were not impaired while driving. At trial, the burden is on the Defendant to prove that they were not impaired. The Defendant has two choices to accomplish this goal. They can testify on their use of cannabis or hire an expert witness to give testimony on the effects of different levels of cannabis on the body while driving.
Arizona Marijuana DUI Consequences for First Offense Misdemeanor (A.R.S. §28-1381(A)(3))
Driving under the influence of active metabolite marijuana is a class 1 misdemeanor. The sentence carries a possible jail term of 180 days. The minimum jail term of 10 days is usually agreed upon by way of a plea offer. Most offenders can avoid 9 days of the sentence by submitting to a screening process through a state-approved program and completing the recommended classes. Typically, the program recommends 16 hours of counseling for first time offenders.
A person who is convicted or has plead guilty of a Marijuana DUI must pay a fine plus additional surcharges and assessment fees that add up to around $1,500 plus the cost of jail time. Currently, the cost of the first day of jail is around $400.00 and is $100.00 each day thereafter. These fines and fees can be paid off through monthly payments, which do not accrue interest, if paid on time. A Defendant may be required to complete a Mothers Against Drunk Driving MADD class, which is a one-night two-hour class. The MVD, and possibly the court will require that the Defendant install an interlock device in any vehicle that the person operates. This costs approximately $100.00 each month to operate. The Defendant will need to have it calibrated monthly or until instructed otherwise. The length of the time that the Defendant will need to have the interlock install depends on how the case resolves. Unfortunately, the MVD will assess 8 points on a driver’s license which can force one to complete traffic survival school.
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At Dove Law firm, we have affordable Arizona cannabis attorneys who can help protect your rights and also provide a variety of other services including Mesa restraining order attorneys, Chandler DUI defense lawyers, restraining order attorneys in Chandler, and much more. Our personal injury law office in Arizona, also has car accident lawyers in Arizona as well as a team of top-rated, affordable dog bite attorneys in AZ. Regardless of your legal needs, Dove Law Firm can help. Contact our team of five star rated Marijuana dui defense attorneys today to find out how we can help you and to schedule a free consultation.
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Shawn Dove is Arizona’s Medical Marijuana DUI Attorney
Dove Law Firm’s Marijuana DUI attorney and San Tan DUI lawyer, Shawn Dove, can help those that have been arrested for driving while under the influence of marijuana. He can personally go over your case and answer any questions that you may have regarding your arrest and the court process. Mr. Dove will educate you and look at every possible defense. You will not be speaking with another attorney or paralegal. If you hire Dove Law Firm’s Cannabis DUI attorney, Mr. Dove will be in contact with you on a regular basis and keep you informed on your case. We provide Free consultations and payment plans. Call today! Whether you need a Mesa dog bite lawyer or an Arizona criminal defense attorney, we’re here for you!
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2650 E Southern Ave Suite 201
Mesa, AZ 85204