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AAA Study finds legal limit for Marijuana DUIs have no basis

On May 10, 2016, Azcentral.com reported on a new study by the American Automobile Association (AAA) that found that per se limits for Marijuana DUIs have no scientific basis and do not correlate with impairment. In practical terms, this means that some people who are impaired would escape a Marijuana DUI conviction while others who were not […]

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Jones v State – you can get a DUI with synthetic marijauna

Jones v. State, A15A1142-AFF-June 9th, 2015. Brandon Jones was found guilty of Driving Under the Influence (DUI) less safe drugs under OCGA 40-6-392(a)(2) by a jury in Hall County State Court in Gainesville, Georgia.  He challenged the sufficiency of the evidence and contended that Count 1 failed to charge him with a violation of Georgia […]

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Two NHTSA Marijuana Studies find there is no real evidence of danger

Feb. 10, 2015. Denver Colorado’s Channel 9 reports on two National Highway Traffic Safety Administration (NHTSA) studies that find that there is no evidence of any impairment that correlates with THC or the active intoxicating ingredient of Marijuana. Another study found that while alcohol DUI drivers are 400% more likely to have an accident than […]

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Blowing smoke just took on a new meaning

Bloomberg Politics reported on December 3rd, 2014 that Washington State University researchers are developing a handheld breath testing device to detect the impairing components of marijuana, THC, for use by police on the side of the road.  Driving to the extent you are less safe from Marijuana consumption is illegal in Georgia and probably in all […]

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How drug convictions and DUI drug convictions affect your drivers license

License Suspensions for Drug Crimes and Drug DUI convictions Violations of the Georgia Controlled Substance Act and Drug DUI drivers license suspension are governed by O.C.G.A. §40-5-75. Article 2 of Chapter 13 of Title 16 is known as The Georgia Controlled Substance Act (VGCSA). Drug DUIs including both illegal drugs and prescription drugs under O.G.C.A. 40-6-391(a)2, (a)4 […]

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GSP Helicopter Marijuana Raid Yields a Heap of Okra

Time Magazine reported on October 7, 2014, that Georgia State Patrol Marijuana Eradication Team raids homeowners garden and seized a heap of Okra in Cartersville in Bartow County Georgia.  Apparently, either the Officers had been at another location previously burning illegal Marijuana bushes which rendered them unable to distinguish between okra and marijuana leaves or […]

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New Federal Bill would create a national standard for Marijauna DUI driving

A new bill introduced in Congress would create a national standard for DUI Marijuana and threaten any states that failed to comply with a suspension of federal highway funds. So much for states’ rights.  Polis who introduced the bill is a Democrat but it will be interesting to see how Republicans who are traditionally States Rights […]

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CNN probes 5 nanograms as a legal limit for Marijuana DUI per se in Washington State

February 27, 2014. CNN reported last week on Marijuana DUI in Washington State by testing drivers after smoking a specific weight of pot and nanogram levels of active THC, the impairing chemical in Marijuana.  The results were telling and indicated that a legal limit for active THC in the blood for Marijuana DUI may be […]

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Shaw v. State – playing charades – when an inventory search is just pretext for an illegal seach

Shaw v. State, A13A1332, November 11, 2013. The Georgia Court of Appeals reversed Defendant Dustin Shaw’s motion to suppress marijuana found in his glove compartment as a result of an illegal search incident to arrest under the guise of a vehicle inventory search by the City of Elberton Police.  Dustin Shaw was stopped after a police […]

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