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The California Court of Appeal for the Fourth Appellate District reversed a conviction for driving while under the influence of drugs finding there was insufficient evidence to support the conviction and prove that defendant’s methamphetamine use actually impaired his driving ability on the night of his arrest.

In People v. Torres (2009), Cal.App.4th [No. D052887. Fourth Dist., Div. One. May 5, 2009.] the defendant was stopped for failing to stop his truck at the limit line of an intersection. The defendant exhibited signs of being under the influence of drugs. The defendant was arrested and taken to the station where the officer examined him to see if he was, in fact, under the influence of drugs. The defendant admitted to using methamphetamine once a week and last using it two weeks earlier. A urine sample was also obtained from the defendant which was found to contain methamphetamine levels “on the higher end” according to the toxicologist.

In making its ruling, the court concluded that there was substantial evidence that the defendant was under the influence of methamphetamine when he was arrested. However, there was no evidence presented that the defendant’s methamphetamine use actually impaired his driving ability on the night of his arrest.

This case is an example of the problems prosecutors face in “drug DUI” cases or “drugged driving” cases. Proving the element of “impairment” is extremely difficult. It is not enough that the suspect is merely under the influence of drugs. There has to be evidence that the drug actually impaired the suspect’s ability to drive. This element of proof often lends itself to a number of defenses for an experienced drug DUI lawyer to attack the case.

Related posts:

1. Los Angeles DUI Defense: Drug DUI Consequences.
2. Orange County DUI Defense: Drug DUI Prosecution Problems!
3. Los Angeles DUI Defense: Drug DUI Defenses.
4. Los Angeles DUI Defense: “Drugged Driving” Cases.
5. Woman Sentenced to Prison for DUI on Meth!

Tags: driving under the influence of drugs, drug DUI, drug dui conviction reversed, drugged driving, dui drug, Los Angeles, los angeles dui attorney, Orange County, Orange County DUI attorney, People v. Torres (2009), proof problems, prosecution problems

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This entry was posted on Monday, May 11th, 2009

at 9:32 pme-mail and is filed under DUI. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.