Category: DUI, Drugs & Driving

Dude, I’m Injured Not Stoned

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When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use, but their training, the  National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be  assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed, per NHTSA, so as to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, your primary purpose at this time is to look for any evidence of a medical complication that would warrant terminating the examination and summoning medical assistance since there is always the possibility that a person suspected of drug impairment is actually suffering from an illness or injury requiring medical attention.

Ohio OVI attorneyAs this blog has warned for the past years, the next phase of the government’s WAR ON DRUGS is the DRE protocol allowing roadside police to determine if a person is impaired by prescription or illicit drugs.  While it may make no sense that a police officer is turned into a roving drug scientist, the government is allowing this approach. If you are accused of driving while impaired by drugs, trust Charles M. Rowland II, the attorney who has studied the Drug Recognition Protocol training and is educated in the defenses available to a drugged driving case. Call me at (937) 318-1DUI or visit www.DaytonDUI.com.

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How “Weed Day” (420) Got Its Name

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I am fascinated by the origin of the term “420” and how it became associated with marijuana.  There are as many stories about its origin as there are people you ask.  Just a short search on Google leads to the following origin stories.

  • It’s the number of active chemicals in marijuana.
  • It’s teatime in Holland.
  • It has something to do with Hitler’s birthday.
  • It’s those numbers in that Bob Dylan song multiplied.
  • It was like a police code for smoking in progress or something.
  • In 2003, when the California Legislature codified the medical marijuana law that voters had approved, the bill was named SB 420.

It turns out that I’m not the only one who wanted an answer. Some heavy hitting investigators were unleashed over at Huffington Post.  Their story focuses on a group of five San Rafael High School friends known as the Waldos — by virtue of their chosen hangout spot, a wall outside the school — coined the term in 1971. “The Waldos’ story goes like this: One day in the fall of 1971 — harvest time — the Waldos got word of a Coast Guard service member who could no longer tend his plot of marijuana plants near the Point Reyes Peninsula Coast Guard station. A treasure map in hand, the Waldos decided to pluck some of the free bud. The Waldos, who were all athletes, agreed to meet at the statue of Louis Pasteur outside the school at 4:20 p.m., after practice, to begin the hunt.” (link).

Whatever story you choose to believe, there is no doubt that “420” has become a day celebrating the struggle for legalization of marijuana and continued research into medical uses of marijuana.  We stand ready to help you in Ohio if you are accused of driving while high, driving under the influence of drugs, driving under the influence (DUI), or operating a vehicle under the influence of marijuana (OVI).

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State by State Drugged Driving Laws

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Ohio has adopted one of the toughest and least popular marijuana impairment laws in the country. This post will provide an overview of how other states have dealt with the issue.

Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for alcohol-impaired driving, those that address drug-impaired driving are nuanced, difficult to enforce and prosecute and vary substantially by state. In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving: More info

DUI Defense: How Much Do You Know About Drugs?

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One of the most important aspects of modern DUI defense is knowing how to defend the alleged drug-impaired driver.  With increased focus on the drugged driver, DUI attorneys must have good resources at their disposal.  One of the best resources I have found is the Drug Enforcement Agency’s Drugs of Abuse Resource Guide. It gives up-to-date information about both illegal and prescription drugs and allows you to explore effects and interactions.

dui defenseAs one of the first Drug Recognition Expert trained DUI defense attorneys, I have manual after manual that gives detailed information about drug interaction.  I know the methodology law enforcement employs to look for impairment, but little introductory materials about the drugs themselves.  Sometimes you need to take a step back and get an overview of the drug, how it is used/abused and what family it belongs to.  The above guide is always a great place to start.

Call Dayton DUI defense attorney to discuss your drugged driving case.
Miami Valley NORML

Thanks Miami Valley NORML

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On May 16th, I was honored to speak to Miami Valley NORML about how to properly handle a police interaction.  I was also able to pledge the continued support of myself and my office in helping to end the scourge of drug war arrests and make marijuana legal in Ohio. I have devoted most of my professional life to ending the failed War on Drugs.  The speech focused on many ways to know and exercise your rights.

This may be the year that Ohio joins other states in re-legalizing marijuana. Miami Valley NORML is an indispensable partner in making this happen. If you would like to help, contact MVNORML at 937-TOP-HEMP ( 937-867-4367).

If you are arrested on suspicion of drugged driving, contact Miami Valley NORML attorney Charles M. Rowland II today!