You should hire an attorney to defend your case. Although your card may give you the right to possess a certain amount of marijuana, they will not dismiss your DUI charge just because you have a card. That being said, having a marijuana DUI offers defenses that can be used to your advantage in defending your case.

Answer Applies to: California
Replied: 8/26/2011

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You can still be convicted of a DUI with a medical marijuana recommendation. It may get the possession count dismissed, depending on the county you are in but some courts won't recognize it if you got it after the arrest. You should definitely speak with a criminal defense attorney about the facts of the DUI. If there was a problem with the stop or the arrest you may be able to get the DUI dismissed or reduced through negotiations with the DA regarding the evidence they have against you. A DUI is priorable for ten years, meaning you can face jail time on a second DUI within ten years, so it is always important to defend a DUI because the penalties, costs and lasting impact is so great. It is important to have an attorney review the evidence against to ensure all of your possible defenses are fully explored.

Answer Applies to: California
Replied: 8/25/2011

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The fact that you have a marijuana card will not assist you at all with regard to the DUI. You can be guilty of being under the influence of even a legal drug. As to the marijuana charge it is likely charged as an infraction anyway so it is the least of your problems. I would at least consult an experience criminal law specialist before you decide what to do.

Answer Applies to: California
Replied: 8/25/2011

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Driving under the influence of marijuana is not excused by a medical marijuana letter anymore than driving under the influence of painkillers is. It is not the prescription but the impairment. On the other hand, it is harder to prove driving under the influence of marijuana. I would get a lawyer if it was me because of the DUI marijuana issue. If you want to try representing yourself you can set the matter for pretrial and make your pitch for dismissal to the DA. If he does not give you what you think it is worth, then hire an attorney. Lawyers are not any cheaper if you hire them at the end vs the beginning though

Answer Applies to: California
Replied: 8/24/2011

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Whether or not you have the right to possess marijuana, you still would not have a right to drive under the influence. You will need to address the DUI separately from the possession charge.

Answer Applies to: California
Replied: 8/24/2011

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You should hire an attorney. Although you may have a medical marijuana card, this does not allow you to drive under the influence of such drug. It is especially important for people who have been convicted of a marijuana DUI to hire an attorney. Often times, they are easier to defend than an alcohol related DUI charge.

Answer Applies to: California
Replied: 8/24/2011

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The judge will look at the date on the license and deem that a confession of conduct earlier! The courts and cops and DAs are not there to help you; they are there for their own agendas and turf-building. People need to get into their heads that the "administration of justice" system does not administer justice; it looks out for its own interests. You give a cop, a DA, or a judge a chance to put a case together, he will not instead help you scrap the case!

Answer Applies to: California
Replied: 8/23/2011

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You'll definitely need an attorney. If you show the license to the Judge, he or she will most likely laugh at you. Having a license to smoke weed in no way gives you the right to drive while under the influence of weed. Just like, people over 21 can legally drink, but they still don't have the right to drive under the influence of alcohol. But MJ DUI cases are very defensible, because there is not a specific BAC number the prosecutor can rely on, and MJ concentration is very difficult to show/prove. In the end, without an attorney, the prosecutor/Judge simply won't take you seriously. Just try going to court yourself and see what is offered to you (hint: DUI).

Answer Applies to: California
Replied: 8/23/2011

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T The marijuana license will not absolve you of driving under the influence. You should contacta local, experienced DUI/Criminal Defense Attorney in your area for a free initial consultation. I have never pled a client to aDUI>Marijuana, and never intend to. I do not believe the District Attorney can prove the charge. Of course, they can get their in-house toxicologist lap-dogs to say anything that will help with a conviction, even if it is a complete lie, and you might have to hire your own toxicologist. Otherwise, you'll have to try to have the Public Defender appointed. Then they will provide you with a toxicologist.

Answer Applies to: California
Replied: 8/23/2011

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Showing the MJ license will not help you with the DUI charge. A MJ license doesn't permit you to drive while under the influence of MJ, which is what the cops are saying you did. The penalties for DUI MJ are very similar to a regular DUI and so of course you need to meet with a law firm that has years of DUI experience to help you.

Answer Applies to: California
Replied: 8/23/2011

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I would strongly advise to retain an attorney.

Answer Applies to: California
Replied: 8/23/2011

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Having a marijuana card does not entitle one to drive in California if under the influence of marijuana. How you were driving and signs of impairment will be critical to the determination. Get a good DUI lawyer.

Answer Applies to: California
Replied: 8/23/2011

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You are always entitled to represent yourself in court. Whether you should is up to you. The common wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. just showing the license has nothing to do with DUI charges. And unless you had the card prior to arrest, it technically has nothing to do with the drug charge either. Plus, you don't get to talk to the judge about your explanations unless and until you simply plead guilty. You get to talk with the prosecutor. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

Answer Applies to: California
Replied: 8/23/2011

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A weed recommendation from a doctor will not do you much good if it is dated after the arrest. Your main question is do you need a lawyer. It depends on the facts of the case. You might have a better chance of spotting weaknesses in the prosecution's case. There is never a guarantee but many times it is worth it.

Answer Applies to: California
Replied: 8/23/2011

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