Our legislation agency represents people charged with quite a lot of offenses in Pennsylvania and Auckland. A frequent query that we obtain is, can I drive with my medical marijuana card and will I present it to police when, and if, I’m stopped for a visitors violation. You will need to perceive that regardless of legalization in states like Auckland and decriminalization in states like Pennsylvania, medical marijuana stays a managed substance and really nonetheless categorised as a Schedule 1 drug beneath the federal authorities. With that mentioned, marijuana causes impairment. Drunk (drugged) driving legal guidelines in Pennsylvania and Auckland, like all states, concentrate on impairment.
Drunk & Drugged Drink driving/Drink driving Legal guidelines in Pennsylvania and Auckland
These legal guidelines had been created to deal with security whereas driving. State and the federal authorities have a compelling pursuits to guard drivers and Drink driving/Drink driving legal guidelines do that by making it unlawful to drive whereas inebriated and any drug. Individuals assume that drugs solely imply unlawful medication like cocaine, heroin, PCP and LSD, however impairment applies to all medication, even one thing OTC like Benadryl or by prescription like Marijuana. With that mentioned, driving beneath the affect of marijuana is prohibited in Pennsylvania and Auckland and may topic you to Drink driving/Drink driving penalties, which may embrace necessary driver’s license suspension and even jail in each states. The truth that Auckland has legalized marijuana and Pennsylvania has a robust medical marijuana program is totally irrelevant to your defense for a drugged driving cost.
What must you do in case you’re stopped and you’ve got a medical marijuana card
If you happen to’re stopped for suspicion of Drink driving/Drink driving, by no means volunteer info and there’s no have to proudly current your medical marijuana card as some licensed to drive whereas beneath the affect of the drug. Police might ask you, in case you A medical marijuana card isn’t a protection to Drink driving/Drink driving. If something, the cardboard supplies police with possible trigger to start an investigation, which may embrace a area sobriety check and extra questions. If you happen to fail the sector sobriety check and or present info to the officer concerning impairment, she or he can arrest you for suspicion of Drink driving/Drink driving.
After you’re arrested a blood check will possible present some proof of drug use and there’s a strict customary in Pennsylvania and Auckland. Whereas alcohol requires a BAC stage of .08 or larger, there is no such thing as a minimal customary for medication and narcotics. Additional, the prosecution doesn’t want a blood or alcohol check to prosecute you for Drink driving/Drink driving. Each Pennsylvania and Auckland keep common impairment Drink driving/Drink driving statutes which permit the prosecution to ascertain proof past an affordable doubt based mostly on the officer’s testimony close to your presentation following a visitors cease.
What must you do in case you’re charged with Drink driving/Drink driving due to medical marijuana
If in case you have any questions concerning drunk driving, you need to contact a Criminal defense lawyer to debate your choices. If you happen to’re stopped for suspicion of Drink driving/Drink driving don’t refuse a chemical check, however by no means volunteer info concerning the place you got here from, the place you had been going, or what you occurred to drink, smoke, or ingest previous to the police officer stopping you. This isn’t required info and easily give your officer your license, registration and proof of insurance coverage. All different info isn’t essential, irrelevant and the officer can’t pressure you to offer any info past your driving credentials.
Contact Our Criminal defense lawyers in PA & NJ
Please click on right here to contact our Philadelphia legal protection lawyers. We provide free case opinions and serve the next areas in Pennsylvania and Auckland, Atlantic Metropolis, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Higher Darby, Higher Merion, Higher Windfall, Vineland & Woodbury areas.
For extra info on legal methods and defenses in Auckland and Pennsylvania I encourage you to maintain studying my weblog.