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How To Protect Yourself From A Drugged Driving Charge.


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Some of this was discussed in the Koon thread but I figured this needs its own treatment so it stands out. This is an important issue with the decision in the Koon case upholding the per se or "any presence" statute in regard to patients.

So let's discuss tips on how to protect yourself from a drugged driving charge. Remember, if you have any active THC in your system then you are drugged, regardless of your level of impairment. THC will remain in your system for a few days following your last ingestion of cannabis. You won't feel high but it is there and if a blood draw is done then you could be charged with a crime.

Probable cause is necessary to do a blood draw. Your goal is to reduce the likelihood of a finding of probable cause.
Before you drive:

1. DON'T DRIVE STONED! It isn't safe anyway so just don't do it.

2. Make sure that neither you nor your car smell like freshly burned marijuana.

3. At the very least wear a smoking jacket if you smoke marijuana. Also, wear a hat. Take them off when you are done. This obviously goes for the ladies too. No need to buy a new jacket just use one that you can leave at home and not drive in. An oversized oxford shirt would work as well but the thicker the garment the better.

4. Shower and change clothing if that is possible. At the very least wash your face and hands.

5. Brush your teeth or gargle with mouthwash.

6. Wear a light cologne and chew gum or suck on breath mints.

7. Regularly spray the interior of your car with an odor absorbing air freshener.

8. Be friendly and cooperative with the police if stopped. Don't underestimate the value of being friendly and cooperative and NOT becoming defensive or offensive.

9. Do not offer information. If they know you have a card and ask when you last medicated simply state that you wish to exercise your right to remain silent.

10. Become a caregiver. If they can smell fresh marijuana in your car then indicate that you are a caregiver and show your caregiver card. That way they don't know you are a patient, and therefore a user. If they know you are a patient they are more likely to probe for info to lead to reasonable suspicion to field test you and ultimately blood test you if they can establish probable casue.

11. Use alternative forms of ingestion rather than smoking your meds. If you enjoy smoking then reserve that for times when you know you won't be driving. Maybe smoke at night before bed, etc.

12. Drive safely to avoid police stops. Don't speed, etc. Avoiding the police should be your number 1 goal.

13. Do not drink and drive. If you have alcohol in you there is a heightened chance of them getting a blood draw to confirm your BAL. That alone could lead to a check for THC. Remember, .08 is the per se legal limit. If you drive with a .08 or above then you will be charged with OWI. However, you can still be charged with OWI if your blood alcohol level is below .08 if it can be proven that the alcohol substantially lessened your ability to drive. So you could blow a .07 on a PBT and then end up at the station and do a .07 on the more reliable datamaster and then end up getting a blood draw as well. Do don't drink and drive. And if you only had "one or two beers" don't drive like a fool. Don't text or talk on your cell. Pay attention to the road.

I'm sure I'm missing some good tips so I'll add them later if I think of any. In the meantime others should feel free to contribute advice.

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Some of this was discussed in the Koon thread but I figured this needs its own treatment so it stands out. This is an important issue with the decision in the Koon case upholding the per se or "any pr

Me too.  Well, he's my brother, so I still have him around, but his exit from the MMJ scene in Michigan is a huge loss for the movement.  I recall a few years ago, he tried a pro-bono case for  CG who

Or who would want their retinas scanned or fingerprints used for any reason? What benefit would this be to the patients? Sounds like a veiled threat, either you give them all your personal informati

Some of this was discussed in the Koon thread but I figured this needs its own treatment so it stands out. This is an important issue with the decision in the Koon case upholding the per se or "any presence" statute in regard to patients.

 

So let's discuss tips on how to protect yourself from a drugged driving charge. Remember, if you have any active THC in your system then you are drugged, regardless of your level of impairment. THC will remain in your system for a few days following your last ingestion of cannabis. You won't feel high but it is there and if a blood draw is done then you could be charged with a crime.

 

Probable cause is necessary to do a blood draw. Your goal is to reduce the likelihood of a finding of probable cause.

Before you drive:

 

1. DON'T DRIVE STONED! It isn't safe anyway so just don't do it.

 

2. Make sure that neither you nor your car smell like freshly burned marijuana.

 

3. At the very least wear a smoking jacket if you smoke marijuana. Also, wear a hat. Take them off when you are done. This obviously goes for the ladies too. No need to buy a new jacket just use one that you can leave at home and not drive in. An oversized oxford shirt would work as well but the thicker the garment the better.

 

4. Shower and change clothing if that is possible. At the very least wash your face and hands.

 

5. Brush your teeth or gargle with mouthwash.

 

6. Wear a light cologne and chew gum or suck on breath mints.

 

7. Regularly spray the interior of your car with an odor absorbing air freshener.

 

8. Be friendly and cooperative with the police if stopped. Don't underestimate the value of being friendly and cooperative and NOT becoming defensive or offensive.

 

9. Do not offer information. If they know you have a card and ask when you last medicated simply state that you wish to exercise your right to remain silent.

 

10. Become a caregiver. If they can smell fresh marijuana in your car then indicate that you are a caregiver and show your caregiver card. That way they don't know you are a patient, and therefore a user. If they know you are a patient they are more likely to probe for info to lead to reasonable suspicion to field test you and ultimately blood test you if they can establish probable casue.

 

11. Use alternative forms of ingestion rather than smoking your meds. If you enjoy smoking then reserve that for times when you know you won't be driving. Maybe smoke at night before bed, etc.

 

12. Drive safely to avoid police stops. Don't speed, etc. Avoiding the police should be your number 1 goal.

 

13. Do not drink and drive. If you have alcohol in you there is a heightened chance of them getting a blood draw to confirm your BAL. That alone could lead to a check for THC. Remember, .08 is the per se legal limit. If you drive with a .08 or above then you will be charged with OWI. However, you can still be charged with OWI if your blood alcohol level is below .08 if it can be proven that the alcohol substantially lessened your ability to drive. So you could blow a .07 on a PBT and then end up at the station and do a .07 on the more reliable datamaster and then end up getting a blood draw as well. Do don't drink and drive. And if you only had "one or two beers" don't drive like a fool. Don't text or talk on your cell. Pay attention to the road.

 

I'm sure I'm missing some good tips so I'll add them later if I think of any. In the meantime others should feel free to contribute advice.

 

May I add that if you use a vaporizer you do not smell like it.

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something I've said again and again in here is that EVERY court decision is an opportunity to be safer. If the court faults someone because the grow facility is not covered, that is YOUR CLUE to cover yours. If they pull someone over because they smell it in the car, don't let your car smell that way.

 

with every court decision, try to figure out what the learning point is.... AND DO IT.

 

Dr. Bob

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I recommend to all of my friends to carry a tube of BenGay in there car. it's strong and masks smells very well. Also for the men, if you have a mustache, beard or any facial hair cannabis smoke will permeate it, you cant smell it but to a non-smoker/LEO that will be all they smell. Your face is the closest thing to theirs when standing talking to them, again this is where BenGay may come in handy.

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I smoke cigarettes and can not smell it on myself but I know I can smell it on others but only on occasion. I use a vap, one of the reasons is the smell kind of makes me sick, and wow sometimes the smell on others has about knocked my socks off. It is stronger then cigarette smoke. I had someone try out the vap and then they smoked a pipe later on, when they bent down in front of me they smelled so strongly of pot it was kind of sickening yet I did not smell it on them earlier when they used the vap.

you cant smell it but to a non-smoker/LEO that will be all they smell.

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Another tactic, if pulled over and asked about your medical status...simply refuse to answer any questions regarding this, citing HIPPA rules and the fact that your medical status is not germain to the stop. If asked how long ago you might have 'medicated' you can refuse to answer stateing that you would like to have your lawyer present before any further questions are asked...try to keep the fact that you are a card holder to yourself, if asked, I would simply state that I wish to have a lawyer present for any further questions... j.b.

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The sad part is, these things are all common sense. But if you get in accident, none of them will help. If you are unconscious and taken to the hospital, they will draw blood and you will be charged. My best advice if you are gonna drive, be extremely cautious, buy an old boring generic car, (don't put a "system" in it) turn your phone off until you get where you are going. Yes you can! People lived thousands of years before phones. After purchasing said vehicle... never clean anything out of it again! Fill the back floorboards level with half eaten fast food. If you know someone with a baby... a dirty diaper will really work here! Put bags of used kitty litter in trunk (for traction in the snow!) Now every time you drive you will get more and more used to the smell. Until eventually you won't even smell it. But when Leo walks up to the window, turn the defrosters on full blast! Trust me... he will back up quick! He won't even bother to try and smell for weed! And the K9 will be way too interested in the trunk... :rolleyes:

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Can a driver refuse to take a blood test? I am sure there are penalties. Are the penalties worse than getting charged with DUID?

If i remember correctly the Officer told me if I refused a blood test my license is suspended for 6 months under Michigan law.

 

Edit: and after being yanked around in court for a year and paying any extra money I make to my attorney I wonder if refusing a blood test would have been better..

Edited by babytwar
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If i remember correctly the Officer told me if I refused a blood test my license is suspended for 6 months under Michigan law.

 

Edit: and after being yanked around in court for a year and paying any extra money I make to my attorney I wonder if refusing a blood test would have been better..

No it would've been worse. 1 year suspension and 6 points on your license AND officer will get a warrant to get the blood. Refuse it then and you can be charged with a felony AND they will forcibly take your blood. Bottom line, you cannot win. If you get arrested take the datamaster or blood test. Before you are arrested you CAN refuse the preliminary breath test (PBT) at the scene. Doing that is a civil infraction and a fine of $100 or so.

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I would urge everyone to get a scrip of MARINOL (and fill it for gosh sakes) and then you have Schd. 3 Medication in you that cannot be

separately distinguished from MM (although I would not be telling anyone this, and if arrested, tell your Lawyer, the cops do not know and do not care).

 

I actually think every Doc doing Certifications should be giving this scrip to everyone as a courtesy (as it will save their arse from a conviction..but this is also untested defense).

 

 

M

 

 

Great advice.

 

I have gotten 3 scripts in the last 3 years, keeps me covered

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I would think that the massive off-label prescribing of Marinol by doctors in certification clinics would be bad in the grand scheme. I also don't think it would do much to save a conviction due to the presence of other cannabinoids in the bloodstream from natural medical marijuana use.

 

What about a urine screen for work?

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I would think that the massive off-label prescribing of Marinol by doctors in certification clinics would be bad in the grand scheme. I also don't think it would do much to save a conviction due to the presence of other cannabinoids in the bloodstream from natural medical marijuana use.

 

I agree. As a controlled substance, the DEA keeps tight tabs on doctors for over-prescribing these types of drugs.

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