PHOENIX, AZ--(Marketwired - January 24, 2017) - Attorneys with the Oswalt Law Group of Phoenix are providing Arizonans with information about how a recent ruling from the Arizona Court of Appeals can impact medical marijuana cardholders charged with driving under the influence (DUI).
"Because Arizona has what is viewed by many as the most strict DUI laws in the nation, it's imperative that Arizonans understand their rights," said one Oswalt attorney.
The 2-1 decision, which was issued Dec. 22, reads in part that an authorized medical marijuana cardholder must be provided with an "affirmative defense by showing by a preponderance of the evidence" that the marijuana was not strong enough to impair the driver.
"Essentially, the ruling means that it is up to Arizona law enforcement officers to prove a medical marijuana cardholder arrested for DUI was too impaired to be driving -- regardless of blood tests," said the Oswalt attorney.
The Court of Appeals ruling was in response to the 2013 DUI arrest of a man who was ordered to spend 90 days in jail. The appellate court ruled, however, that the man was not given a fair trial because he was denied the opportunity to let jurors know that he possessed a state-issued medical marijuana card.
"It's important to remember that the 2010 Arizona Marijuana Act allows cardholders to have marijuana in their system and the State Supreme Court decided in 2015 that cardholders can argue about whether or not the marijuana concentration was strong enough to cause impairment," said the Oswalt attorney.
For information about DUI and personal injury laws specific to Arizona, visit oswaltlawyers.com or call (602) 225-2222.
About Oswalt Law Group: With offices in Phoenix, Tempe and Peoria, the Oswalt Law Group provides professional criminal representation for those who are charged with all types of offenses, including DUI, homicide, theft, sexual offenses and fraud. The firm is dedicated to providing aggressive and quality representation regardless of the charges made.