Menu
F
r
e
e

C
o
n
s
u
l
t
a
t
i
o
n

With No Breathalyzer Alternative, How Can Los Angeles Police Catch Marijuana-Using Drivers?

On behalf of The Law Offices of Howard Kornberg Posted in Car Accident

While recreational marijuana has been legalized in various U.S regions, it remains an offense to drive while under the influence of the drug. For police attempting to crack down on DUIs involving marijuana, there is one massive problem – there is no easy way of determining beyond doubt that a person has the drug in their system. Although the distinctive smell may be considered somewhat of a giveaway if a driver passes roadside sobriety tests, can they be cited for driving while stoned? As California has not set a legal standard beyond which a person could be considered to be over the allowable limit, police must prove that not only is their marijuana in a driver’s system, but there is too much to be legal.

No Breathalyzing, No Legal Standard, No Offense?

A driver who has imbibed alcohol can easily be caught out using a breathalyzer, which will provide concrete evidence of the offense, but it is not quite so straightforward in marijuana-related cases. While thousands of California Highway Patrol officers have completed the Advanced Roadside Impaired Driving Enforcement program, where they are trained in a 12-step program designed to identify a lack of sobriety, using a number of tests, the reality appears to be that catching stoned drivers is problematic. Even when using available technology, such as the Drager Drug Test 5000 used by San Diego law enforcement officials, it is only possible to ascertain whether marijuana has been taken recently, not whether the driver’s performance has been impaired.

Statistics relating to driving offenses in California indicate that marijuana-related car accidents have been increasing over the past few years but, again, there is no proof that the driver was actually impaired at the time of the accident. This may seem like semantics, particularly if you or a loved one have been injured by a driver who has been using marijuana, but it is a valid concern when it comes to prosecution. While police do, of course, want to stop impaired drivers from using roads, over-zealous policing where no impairment exists does not help anyone.

Interestingly, a report to Congress on marijuana-impaired driving, compiled by the National Highway Traffic Safety Administration last year, suggests that there is very little correlation between the presence of THC and the cognitive function of motorists.

With the decision on whether a driver’s judgment and reactions have been affected by marijuana use currently lying with judges and juries, marijuana use can be a tough nut to crack when handling a car crash lawsuit.

Can a Los Angeles Car Accident Attorney Help in Marijuana-Related Cases?

It is, admittedly, tougher to prove DUI when marijuana, rather than alcohol, is involved, but a car crash attorney in Los Angeles from the Law Offices of Howard Kornberg is never one to shy away from a challenge.

If you, or a loved one, have been injured in an incident you believe was at least partially caused by marijuana use, call us today on 310-997-0904 to schedule your free initial consultation.

Arrow Prev Prev Next Arrow Next
T

Tristan Crown

Howard Kornberg has been helping injured victims for over 35 years in
Read more
J

John Dittrich

Howard's Law Office is undoubtedly the go-to place in Los Angeles for
Read more
R

Robben Sprague

Howard Kornberg and his team were utterly amazing from start to finish
Read more
M

Max Schafer

Excellent experience! Howard and his team are smart, competent, honest
Read more
f

flerida hernandez

The Law Offices of Howard Kornberg were highly recommend by someone I
Read more
T

Terri Barlow

Despite having to to deal with multiple family members and the death o
Read more
M

Marina Salazar

What a great!! experience I had with the Law Offices of Howard Kornber
Read more
P

Pamela LLJUBO

Working with Howard Kornberg and his associates is like having an exte
Read more
E

E.J. Fortenberry

Mr Kornberg represented me very well in my case resulting in an outsta
Read more
A

Anna Stovitz

Howard Kornberg did an impeccable job in representing me in my trial.
Read more
A

Aviv Brawer-Cohen

Mr Kornberg and his staff are truly outstanding. Their diligent and ho
Read more
A

Alex Saavedra

The people that work here are honest and straight up, Ana and Robert w
Read more
T

Tristan Crown

Howard Kornberg has been helping injured victims for over 35 years in
Read more
J

Josie Cruz

I took my "car accident" case to Mr. Kornberg for review. I had been t
Read more
J

Jack Stovitz

Howard is an amazing lawyer who gets the job done. He's a great guy, h
Read more
M

Melissa Schoenfeld

My experience with this office and Mr. Kornberg was everything I could
Read more
H

HugznKisses De La Torre

Howard is a great person to work with and his integrity is unquestione
Read more
M

Max Lasser

Howard is a phenomenal, exemplary, kind lawyer who will fight for you
Read more
C

Charlie Shanes

I needed a good personal injury lawyer, I was injured in a car acciden
Read more
R

Robert Leovy

Does great work and will go out of his way to ensure you get what you
Read more
j

john nguyen

Friendly people, very professional, very detail oriented, and he will
Read more
R

R D

HCK and staff are amazing!!
Read more
C

Connie Kay

Positive: Responsiveness
Read more
A

Alfonso Gonzalex

Positive: Professionalism, Quality, Responsiveness
Read more