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In this great story, by Wanda More, of WPTV News Channel 5, the reality behind the “Drive Baked, Get Busted” billboard on 95 is exposed. Ms. Moore did an indepth investigation by interviewing the Martin County Sherrif William Snyder about the myth of DUI on Marijuana. Additionally she sat with me to discuss legal defenses and what the future might hold.
Marijuana tests are not accurate
One of the key topics in this story is that there are no breathalyzers for Marijuana used/approved in the State of Florida. The only way to determine if THC (active componant in marijuana) is in somebody’s system is by a blood or urine test.
The problem with these tests is that they can’t accurately tell when the THC is in the system because it is looking for an inactive metablolite. It more just states it was in your system.
Marijuana Can Stay in your system up to 30 days
Marijuana can stay in your system over 30 days. As mentioned by Sheriff Snyder, the purpose of the test is to prove you were under the influence while driving, not sometime within 30 days.
Your not out of the woods
By no means am I condoning driving under the influence of marijuana. You could also be subject to other charges such as possession. Futhermore, if you cause an accident and someone is injured or dead, you may be subject to a forceable blood draw.
Time will tell
Sheriff Syner is right, we need science on our side. This means we need to develop an accurate way of determing the active level of marijuana in someone’s system at the time of driving. More importantly, we need to have that method tested over and over to insure it’s accuracy. As I stated to Ms. Moore, we should look to other states who have recreationally allowed marijuana to see how they are handling it and find the best ways, and test those methods continually.
In another case of weird DUIs, a St. Lucie County Sheriff’s deputy stopped a man for reckless driving, and started a DUI investigation. It turns out the man was wearing only underwear that stated “breathalyzer” on it. It also said “Blow Here” and you can guess where.
So one would beg the question, was anybody else read implied consent. Furthermore, did he in fact give a breath sample? The real question is was there a phrase on the back of his underwear says “Insert Head Here”?
Almost as weird
it’s hard to tell which is weirder, the case above, or the Canadian man who ate his underwear to get out of a DUI. That’s right a man thought if he ate his underwear, it would soak up the alcohol. That is not a sound defense, although, he was acquitted. There are many defenses to DUI I do not advise the underwear defense.
Now that Marijuana can legally be prescribed in Florida under 381.986, it doesn’t mean you can grow your own medication. Under Florida Statute Section 893.02(15)(a) it is illegal to produce, prepare, propogation, compound, cultivate grow or covert marijuana. Under 893.1351 it’s a second degree felony, punishable up to 15 years.
So how can anyone legally grow Marijuana? You must get a Florida Marijuana Growing License. Look online, there are many companies that will assist someone who is interested. Per floridamarijuanagrowinglicense.com you need the following to get a license:
• A grower’s nursery must be at least 30 years old. The business should also possess at least 400,000 plants.
• An applicant should be able to prove they can manage the huge start up expenses and the bond needed for your medical marijuana dispensary to be licensed. You must also convince the licensing officials that your business will run for at least 2 years without going bankrupt. The startup cost is usually $2 million and a non-refundable fee of $63,000 is needed.
Maybe you should stick to tomatoes….
Check out the latest addition of the Konecky Journal.
Inside you can read about
- Common Questions for Criminal Defense Situations.
- Find out will the Judge throw out your case.
- Fun Memes
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In today’s world, everybody is a comparison shopper. With the advent of the Internet, it takes all of about two seconds to find out where the best deal is. You can go online and compare store prices between all the big-box retailers. If you are going to buy a car, you can go to websites like truecar.com that are in the business of telling you what others in your area paid for a car you’re looking at.
It’s dangerous to be a comparison shopper when it comes to any personal legal issue you may have. There are no websites like truecar.com for legal issues. You can’t gauge what the best outcome is for your case based on what another person in your situation received.
Criminal Case Plea Offers
Nothing scares me more than when a criminal defense client tells me he or she talked to a “friend,” “relative,” or even worse a fellow inmate, that has advised them what they should get as far as a plea offer or a result on a case. The reason is those people don’t specifically know the facts of your case, the laws applicable to it. They also do not know the temperament of the judge, mitigating reasons, aggravating factors, or any other intangible fact that all play a role in determining the outcome of your specific case.
Criminal defense attorneys have taken a significant amount of time to go through schooling to understand the law and how to apply it in very specific situations. I cannot stress enough each case is different. Now, it is true many first-time offenders and up with the same plea offer or outcome for a case, and that should not be ignored however it shouldn’t be set in stone that that will be the same result for you.
Instead of relying on your friend, relative, or fellow inmate to get your legal advice, the first step you may want to take is to consult an experienced criminal defense attorney to get a feel for what the possible outcome could be. Although no attorney should tell you what you should be getting the first time they meet you, they can get a feel for what the results could be. In my book “My Loved One Has Been Arrested; What’s Next?”, I address some of these issues.
In my Special Report, Top 5 things Criminal Defense Attorney’s Don’t Want you to Know, I give you additional tips on how to interview the right attorney for you so you can make the best decision on how to proceed with your case.
Personal Injury Claims
Have you noticed the billboards on I-95 advertising “Joe Blow attorney got me $1 million dollars,” and it shows a picture of someone giving a thumbs up? If you’re injured in an accident and you have the expectation that this will be the same result for your injury case if you hire that firm, you will be sadly mistaken.
Just like in the examples above there are several different factors that make in injury case unique. So, the truck accident that cripples an individual will definitely have a higher value than the fender bender in the Publix shopping center. Many factors are involved in determining the value of a personal injury case. You can read about what makes your case more valuable in my book “What the Heck is My Case Worth? And Why Billboard Advertising can be Deceiving.”
Apples to Apples
Remember, no case is exactly the same. Automatically thinking you’re going to get the same result with your case compared with another is only setting yourself up for disappointment, or in the alternative it can leave you missing opportunities to have a better result. To avoid this stress, hire an experienced attorney in the area specific to your case, and use their wisdom and expertise to guide you to the best result.
Years after being behind in recognizing that many charges brought forth by the Office of the State Attorney in Broward County were a waste of taxpayer resources, a new civil citation program will be implemented throughout the county. In this article, you can see the flawed effects of over prosecution on petty offenses.
For example, a homeless man was kept in jail for 65 days for trespassing, costing the county approximately $9,100.00, because he couldn’t afford a simple bond of $25. This is just one instance over the years of how the Office of the State Attorney has been blind in their “pursuit of justice.” This is not one of those extreme examples of why the new civil citation program should be implemented. That example is simply a routine occurrence in the courtrooms which has been well documented by the Sun Sentinel.
A cry for help has not only been coming from the tax watchdogs, but from those having to defend these types of cases. Recently on our own blog, we discussed the attitudes on marijuana that were changing.
What this means for a Defendant?
It appears, crimes that used to result in an arrest now may result in a civil citation. This would prevent someone from being booked into jail, kept overnight, and forced to see a judge in the morning. In the alternative, they would be issued a ticket (much like a traffic ticket) in lieu of an arrest. It may also prevent the need to retain an attorney for a first offense.
For Marijuana Offenses
For marijuana offenses, a ticket to go to court may divert offenders to pay for a program and perform community service hours instead of having an arrest. There could be a behavioral health course (aka treatment) for a violation. The benefit for the defendant is that they could keep their criminal record clean if they successfully complete the program.
There are certain requirements to be eligible to receive a citation. In fact, No Cannabis Citation shall be issued if the violation occurred during an incident in which the adult also was charged with:
(a) any felony
(b) driving under the influence
(c) a violent crime
(d) domestic violence
It is unclear at this stage what the net effect will be for other charges such as trespass, panhandling, disorderly conduct, or petty theft. Time will tell how these offenses will be treated in lieu of a new change.
As stated before, Broward County has been in the dark ages with regards to handling these types of charges. However, they may have just pulled ahead of Palm Beach County, by making these charges merely a civil infraction. In Palm Beach County, these offenses are usually given a criminal citation, mandating the Defendant to go to court, while at the arraignment they may have the same type of program available to get the case dismissed. Therefore, a civil citation program in Palm Beach County could also be beneficial in cutting down the waste and needless arrests for trespass and marijuana crimes.
I am honored to be awarded a 10.0 rating from Avvo.com. This rating is there highest rating for there website. Avvo is a marketplace for lawyer services that provides information on local lawyers and potential services.
Per their website, the Avvo raiting is their effort to rate a lawyer based on their background information and other public sources. They state there is no bias, the raiting can’t be bought, and was develeoped by legal professionals.
What Else can Avvo do?
Most people look to Avvo to review lawyers, however, others post questions about their specific legal topic. I have personally answered 939 questions, 100 have been marked as helpful, 464 attorney’s have agreed with me, and 20 have marked my answer the best.