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DUI and License Suspension Both Dismissed

Key Details

  • Charges: Driving Under the Influence of Drugs and Failure to Maintain Lane

  • Risk: DUI conviction and one-year license suspension

  • Resolution: License suspension dismissed; DUI charge dismissed; client pled to traffic violation only

Case Description

Our client was arrested for DUI after admitting to smoking hemp earlier in the day. The arresting officer found hemp in the vehicle and observed alleged signs of impairment. When our client refused the state-administered blood test, the officer moved to suspend his license for one full year. The case involved both criminal charges and administrative license suspension proceedings.

Legal Strategy

We pursued a dual strategy, challenging both the criminal charges and the administrative license suspension. Our approach focused on the legal distinctions between hemp and marijuana, as well as the different statutory requirements for DUI convictions versus license suspensions based on test refusals.

Challenges

The case was complicated by our client's admission to smoking hemp and the officer's observations of alleged impairment. Additionally, we had to navigate both criminal court proceedings and administrative hearings with different standards and requirements.

Resolution

At the administrative hearing, we successfully argued that while someone could potentially be convicted of DUI for smoking hemp before driving, the license suspension statute had different requirements that weren't met in this case. The Administrative Law Judge agreed and dismissed the license suspension. Subsequently, the District Attorney's Office dismissed the DUI charge, and our client pled guilty only to the minor traffic violation of failure to maintain lane.

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