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megamoonrocks1-blog · 4 years

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Frequently Asked Questions About Marijuana Usage in Colorado

First and foremost, the basic rules of legalized recreational marijuana drug use are:

• Coloradoans may only possess or purchase 1 ounce of marijuana at a time. • Smoking, vaporizing, or consuming cannabis in public places (I.e., Red Rocks; Coors Field; 16th Street Mall; parking lots; or airports) is absolutely forbidden. • Driving under the influence of marijuana is illegal.

So, all Coloradoans can use marijuana for pleasure now?

Correct--to an extent. All legal residents of Colorado 21 years and older may possess, use, display, purchase, or transport 1 ounce (nearly 60 joints) or less of marijuana for recreational use. However, several cities and counties have passed their own amendments to make things such as marijuana growing facilities or retail pot shops illegal (here's looking at you, Colorado Springs, Westminster, and Centennial!). Similarly, your employer has the right to create his or her own policies regarding marijuana use amongst employees-even in the privacy of their own homes.

Since marijuana is legal in Colorado, petty drug offenses aren't that big a deal anymore, right?

This is a common misconception. The federal government still considers marijuana illegal, which means any evidence that you have partaken in or purchased the drug could affect your federal student loans, certain employment positions, and social benefits such as food stamps or public housing. Furthermore, drug offenses will always show up on your background checks.

I'm 21 years old; could I share my weed with my 18-year-old brother?

No way. You cannot supply marijuana to anyone younger than 21-even if it's free and not for monetary compensation. Also, the zero-tolerance law means individuals under 21 face an automatic loss of their license if they are found driving under the influence of marijuana. Get More Information Buy lemon haze online

Can I resell the weed I bought legally?

No. You may, however, gift someone over 21 up to 1 ounce of marijuana-as long as there's no exchange of money involved.

If my college roommate visits me from Alabama, do all these laws apply to him as well?

Only if he has a government-issued Colorado ID. Non-residents may purchase up to ¼ an ounce of marijuana per transaction, whereas they may possess one full ounce at a time. Essentially, your friend could make four different purchases in one day, but that's a gray issue where the consequences, or lack thereof, just aren't explicit so far.

Is there a legal limit for how much weed I can have in my system and still drive?

The legal limit is 5 nanograms or less of delta 9-tetrahydrocannabinol (THC, the active ingredient in marijuana) per milliliter in whole blood. This isn't a great measurement because different strains of marijuana carry different potencies of THC; also, people metabolize the drug at far more diverse rates than alcohol. For this reason, you'll likely never see a chart that tells you how many joints or brownies are too many to get behind the wheel.

How is the amount of marijuana in my body tested?

If they have a justifiable reason, law enforcement officials suspicious of drugged driving will request a blood draw. As this Westword article points out, however, these blood tests have not yet been refined and they can be rather inaccurate. In this case, the reporter's blood test showed that he was heavily stoned hours after he had last smoked anything. Other experts believe people build up a tolerance to the drug and they might still be sober at 5 nanograms. I urge you to highly consider refusing the blood test if the situation arises. If you do take the test, make sure you secure one of the blood samples to reaffirm the results independently later on.

You mean I won't have to pee in a cup?

A urine test has no value when it comes to marijuana because traces of the drug may show up in your system long after you're sober. A blood test is the only accurate indicator of active THC at the moment.

How long do the authorities have to conduct the blood test?

With alcohol, they must prove a person's BAC (blood alcohol content) is 0.08 percent or more within two hours of driving. They haven't issued a defined time period for drug testing yet but, rest assured, it will be something "reasonable."

Will I lose my license if I refuse the blood test?

Possibly. As with DUIs, you could lose your license for a year if you refuse the blood test. Unlike drunk driving though, there won't be any administrative penalties on your record; this is important because marijuana consumption continues to be banned at the federal level. Remember, however, that you can always politely decline to do the standardized field sobriety tests (walking in a straight line, reciting the alphabet backwards, etc.) without penalty.

Why should I refuse to take a standardized field sobriety test?

In short, there are special tests designed for assessing drug intoxication and not every police officer is trained in those quite yet. Law enforcement officials uneducated in marijuana recognition certainly won't help your case as they don't have the resources to make an accurate judgment of your sobriety.

Wait, so will I be arrested if I have any traces of marijuana in my body?

No, the mere presence of cannabis in your blood is not a sufficient reason to arrest you. Furthermore, having 5 nanograms or more of marijuana in your system is not enough to automatically convict you of a DUID either; if you had a BAC of 0.08 percent or more, on the other hand, you would automatically be charged with drunk driving.

Everyone's saying marijuana is safer than alcohol; what's the danger in driving stoned?

Studies show marijuana consumption affects spatial perceptions, meaning drugged drivers have slower reaction times and tend to swerve or tailgate other vehicles more often. Think about those classic stoner movie scenes where the dudes are absolutely fascinated by the size of their hands; would you want them driving you down I-25?

I'm a medical-marijuana user; does this make me an easy target for DUID checks?

It shouldn't. According to a Colorado bill, a person's medical-marijuana status (I.e., a valid medical-marijuana registry ID) cannot be used as evidence of impairment or probable cause for a blood test.

Can I at least drive around with marijuana products?

As with alcohol, it is illegal to drive with an open container of marijuana; doing so will result in a traffic infraction that shows up on federal checks (as I explained earlier). The law applies to anything containing marijuana that is open or has a broken seal, or has partially-removed contents. The best advice I can offer at this point is to keep it as far out of reach as possible. In fact, PUT IT IN THE TRUNK.

My car doesn't have a trunk.

Okay, as with all rules, there are certain exceptions. If you drive an SUV or minivan, you may keep unsealed marijuana behind the last row of upright seats. Open marijuana is also allowed in the living quarters of trailers or motor homes.

Can I smoke/consume weed in the car if I'm not the driver?

No. People in the passenger area of a vehicle cannot use or consume marijuana, and the no open- container law applies to them as well. While we're at it, you also cannot smoke marijuana in a taxi or on public transportation. You may, however, smoke marijuana if you are in the rear of a privately-hired car.

As long as I buy the pot legally in Colorado, can I take it to other states?

Absolutely not--not even to Washington. Firstly, bear in mind the TSA is a federal institution and that marijuana is banned at all airports, including DIA. You cannot fly with the drug, and actually, you cannot even leave marijuana in your car at the airport; that would count as illegal possession and subject you to a heavy fine. Secondly, our neighboring states are cracking down on those driving into their borders with weed purchased in Colorado. Wyoming, for example, won't even recognize a Colorado-issued medical-marijuana card and will make arrests for illegal possession accordingly.

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mayarosa47 · 4 years

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Can You Beat A DUI With A Public Defender?

Sure, but why risk it? You may lose and end up in jail for a long time.

If you just received your first DUI then it is imperative that you do not sit back and expect to get a break from the legal system. You must take action and equip yourself with all possibilities on how you can beat your first DUI and dismiss all charges in court. There are too many times that first DUI cases that have gone horribly wrong for innocent first time offenders who simply had one drink over a state limit. Finding out what you’re up against is the key to beating your first DUI.

Beware of a lot attorneys who will quickly get you an easy plea bargain on your first DUI charge. You will quickly learn that you have wasted over 5 thousand dollars on an expensive lawyer that gets you supervision on your first DUI arrest. A public defender can get you supervision! That is why your ability to equip yourself with all ways to beat your first DUI is crucial. The best possible outcome on your situation is a dismissal in court. Also beware that you will have a separate license suspension issued too from your first DUI arrest. Even if you blew well over the legal limit there is still plenty of hope for you to minimize or dismiss all DUI penalties.

Did you know that a first DUI conviction and even DUI supervision will show up on your record? Many employers will not even consider employment for anyone who has a DUI on their record. The bottom line is you must fight to get these charges dropped and get your life back on track. Most importantly you must learn from your mistake and move forward without getting slammed by extreme DUI penalties.

If you have recently been arrested and accused of driving under the influence, you are facing a dilemma. That is, you might not be able to decide whether to go with a public defender or an experienced DUI attorney. When you’re arrested, you are read your rights. These include the right to remain silent and the right to an attorney. However, the attorney you get in court isn’t always the best available. On the other hand, an experienced attorney is going to be expensive. This is a hard decision to make, but the following tips should help you get through this difficult time.

Public Defenders

A public defender is an actual attorney that is employed by the government to represent the accused who can’t afford their own attorney. So don’t automatically assume that you’re going to get a dud when you’re assigned to a public defender. However, you must understand that most courts have an influx of cases on a regular basis. That means one public defender might have several cases going on at one time. That means he or she has the potential to be stretched too thin or things about your case could be forgotten. So that’s something to think about if you are thinking about accepting the public defender for your counsel in your DUI case.

Private DUI Defense Lawyers

When you select a private DUI attorney, the motivation and attitude is often different. Private attorneys are inherently hungrier for wins in the courtroom and they’re often very crafty. You will want to choose a private attorney with a lot of experience and a great track record so that you can be sure he or she knows their way around a court room. Private lawyers go into great detail about how to get their clients off the hook. That’s because this is their livelihood. A public defender is an employee while a private attorney is self-employed. His or her track record will make or break their business. For that reason, you may be getting a better deal when you go with a private attorney in these cases.

Get Money If You Don’t Have Any

This all being said, it all comes down to what you can afford. When you go with a public defender, you aren’t footing the cost. The tax payers are. But when you choose a private DUI attorney, you are footing the entire cost. And that cost could be very expensive, depending on who you choose. A lawyer with a solid track record and a well-known name can charge astronomical prices because people will pay it. DUI cases are that serious. If you have been arrested for DUI or DWI, it is obviously cause for concern–but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That’s why it would be a good idea to consider hiring one of America’s Top DUI and DWI Defense Attorneys now. Here’s a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.

ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backward, as valid sobriety tests.

BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.

BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.

FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.

BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.

BREATH TEST DEVICE NOT APPROVED – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved a list of Devices, or the results are inadmissible.

FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.

INDEPENDENT WITNESSES – Oftentimes, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.

FAILURE TO MIRANDIZE – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.

PORTABLE BREATH TEST INADMISSIBLE – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests, and field sobriety tests.

MEDICAL AND HEALTH PROBLEMS – Medical problems with legs, arms, neck, back, and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

LACK OF PROBABLE CAUSE TO ARREST – A police officer must have specific and articulate facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.

POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

FAILURES TO PRODUCE DISPATCH TAPES – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.

STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

PRIVATE PROPERTY – A person who has not driven the car on a public highway cannot be suspended for drunk driving.

FAILURE TO DISCLOSE EXPERTS – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.

LACTATE RINGERS – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS – In some states, the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.

Most people believe all police have noble intentions but on first DUI victims, they are sometimes much too harsh and use scare tactics on innocent drivers. Your immediate action is required in order to challenge all aspects of the arrest.

DUI Defense Lawyer Free Consultation

When you need legal help with a DUI charge in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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melissawalker01 · 4 years

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Can You Beat A DUI With A Public Defender?

Sure, but why risk it? You may lose and end up in jail for a long time.

youtube

Public Defenders

youtube

Private DUI Defense Lawyers

Get Money If You Don’t Have Any

youtube

WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.

POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.

BREATH TEST OPERATOR LICENSE EXPIRED – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.