Our client was charged with DWI and DWAI-drug after an accident in a parking lot this summer. Those charges were dismissed after demonstrating to the DA that their cops’ investigation was poorly performed and after explaining the blood draw to them.
The blood draw revealed amphetamine and marijuana. However, our client had a prescription for Adderall. We explained to the DA that their toxicology report couldn’t differentiate between amphetamine that was being taken as prescribed versus something taken beyond a prescribed dose, and I reminded them that amphetamine only helps people focus. Although she didn’t get her medical marijuana card until after the accident, 11-nor-9-carboxy-THC was the only metabolite present and it has no psychoactive qualities that would have impaired her while she was driving. This suggested she hadn’t smoked in a few days. Law enforcement’s observations of her at the accident scene were simply not supported by what was actually in our client’s blood, which made us question their credibility and believability. In fact, the allegations of both slurred and fast speech were contradictory. Moreover, the findings of 6/6 clues for the HGN test suggested that the deputy administered the test incorrectly as opposed to there being a substance causing nystagmus, especially because neither cannabis nor amphetamine causes nystagmus.
