The threat of getting stopped by the police for driving while high is extremely concerning for the marijuana community, according to a new report which shows that various Colorado juries have had no choice but to free defendants charged with DUI because prosecutors cannot accurately prove impairment at specific times.
Not too long ago, a jury came to the verdict of “not guilty” in a case involving a man who was charged with driving while smoking cannabis even after a blood test determined that he was indeed a couple of points over the legal limit. However, after a discussion that lasted for half-an-hour, although 27-year-old Ralph Banks might have gone against Colorado’s laws, there was not enough proof to determine whether or not he was impaired while driving.
“It’s not like alcohol,” said Rob Corry, who represented Banks in the case. “Marijuana is different. The standards are not one-size-fits-all.”
Here is how the case began: in 2015, a police officer saw Banks driving with a missing headlight and rightfully pulled him over because of it. Everything is normal at this point. However, during the traffic stop, the officer claimed that he had reason to believe that Banks had been smoking cannabis recently and then asked him to take a sobriety test.
Obviously, at this point, Banks did not have a choice; he needed to perform the test for the cop. Similar to other states, in Colorado, someone can be automatically charged with driving under the influence, which leads to the loss of a driver’s license for a year or longer, if he or she decides not to take the sobriety test. Banks decided to take the test. However, the cop decided that he was high on cannabis and took him to jail and gave him a DUI.
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