William G. Yarborough

How testing can fail in a crash involving marijuana use

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Let us say that law enforcement arrested you on suspicion of driving under the influence of drugs, specifically marijuana, after you T-boned another vehicle at an intersection.

You are a college student, and this is your first offense. You do not know what to expect or how a conviction will affect your future.

Issues with driving skills

Fortunately, no one was seriously injured in the crash, but it is not difficult to see how the use of marijuana can impair your driving skills. Studies indicate that it affects concentration as well as your ability to judge time and distance correctly. Drivers under the influence of marijuana may experience drowsiness, become distracted and use excessive speed. Research also shows that when absorbed into the bloodstream, the psychoactive chemical called THC, which is present in marijuana, is a factor in driving performance impairment

Increased risk of a crash

According to a 2015 report from the National Highway Traffic Safety Administration, THC in the bloodstream of a driver increases the chance of a vehicle crash by 1.25 times. The age group most at risk includes young men whose ages range from the late teens to the 20s.

Marijuana plus alcohol

When a driver mixes alcohol with marijuana, the chances of having a vehicle crash increases significantly. The adverse effect on driving skills multiplies. In fact, NHTSA research shows that when accidents become fatalities, the combination of alcohol and drugs is a factor in about 11% of the accidents.

Testing issues and your defense

No doubt you worry about a conviction and the effect on your future, but remember that you have rights. A thorough investigation by your defense team is likely to reveal discrepancies and errors that will help your case. For example, drugs may not have impaired you at the time of the crash. While current testing procedures can pick up traces of marijuana, those traces may come from the marijuana you smoked yesterday, or the day before that. Also, the Centers for Disease Control and Prevention points out that if both alcohol and drugs were present in your system when tested, it will be difficult to ascertain what exactly contributed to the vehicle crash.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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